Amit Goyal & ORS v. State (NCT Of Delhi) & ANR

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1071/2019 AMIT GOYAL & ORS ..... Petitioners Through:

Mr. Baldev, Advocate versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with ASI Surender Pal, PS:Begumpur, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.03.2019 CRL.M.A. 4256/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.A. 4257/2019 For the reasons stated therein, delay in re-filing is condoned. The application is disposed of.

CRL.M.C. 1071/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.373/2016, under Sections 498-A/406/ 34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Begumpur, Delhi and the proceedings emanating therefrom.

2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Rohini District Courts, Delhi on 29.4.2016. 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 30.3.2017. 3.

Respondent No.2, who is present in Court along with her father, has reiterated the aforesaid facts and admitted that she has received the amount of Rs.3,40,000/- as per the settlement and in view of the receipt of the said amount, she has no objection to the petition being allowed and the FIR being quashed.

4.

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 arrived at between the parties. 5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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. 373/2016, under Sections 498-A/406/ 34 of the IPC, registered at P.S.: Begumpur, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 15, 2019 tp