Manish Pal Singh & ORS v. State & ORS

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 135/2019 MANISH PAL SINGH & ORS .... Petitioners Through:

Mr. Rakesh Sharma & Mr.

Vibhu Bhardwaj, Advocates versus STATE & ORS .... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Pooja, PS: Vivek Vihar, Delhi Mr. Dilip Kumar, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.01.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.393/2016, under Sections 323/341/354C/34 of the Indian Penal Code, 1860 („IPC‟) registered at P.S.: Vivek Vihar, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 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 Mediation Cell, Delhi High Court Legal Services Committee vide Settlement dated 15.1.2018, in terms whereof the marriage between 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 25.9.2018 and the petitioner No.1 had agreed to pay Rs.10,00,000/- to respondent No.2, out of which Rs.9,00,000/- has already been paid.

3.

Respondent No.2 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 petitioner No.1 pays the balance amount of Rs.1,00,000/- to her, which is required to be paid as per the Settlement.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a Demand Draft bearing No.010635, dated 23.1.2019, drawn on HDFC Bank, for an amount of Rs.1,00,000/-, which has been handed over to the respondent No.2 today in the Court.

5.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified about the said Settlement.

6.

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.393/2016, under Sections 323/341/354C/34 of the IPC, registered at P.S.: Vivek Vihar, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 24, 2019 tp