Arun T S & ANR v. State (NCT Of Delhi) & ANR

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4714/2019 & CRL.M.A.36114/2019 ARUN T S & ANR ..... Petitioners Through:

Ms. Malvika Chaudhary, Advocate versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Ashok Kumar Garg, APP with SI Arun Kumar Ms. Nisha Narayanan, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.09.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.446/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Ghazipur, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No2. as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 16.2.2018 in terms whereof petitioner No.1 had agreed to pay Rs.7,25,000/- to the respondent No.2.

3.

It is further submitted that out of Rs.7,25,000/-, an amount of Rs.5,00,000/- has already been paid to respondent No.2. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has been dissolved by mutual consent under Section

13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 22.8.2019.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed, in case the petitioners pay the sum of Rs.2,25,000/- as per the settlement. 5.

Learned counsel for the petitioners submitted that the petitioners have brought a banker's cheque bearing No.708865, dated 17.9.2019, drawn on State Bank of India, for an amount of Rs.2,25,000/-, which has been handed over to the respondent No.2 today in the Court.

6.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement.

7.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 446/2016, under Sections 498-A/406/34 of the IPC, registered at P.S.: Ghazipur, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J SEPTEMBER 18, 2019/tp