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High Court of DelhiCRL.M.C./163/2019

Deepak Nair v. The State ( NCT) Of Delhi & ANR

2019-01-15Hon'Ble Mr. Justice Chander Shekhar2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 163/2019 & CRL.M.As.719-20/2019 DEEPAK NAIR ..... Petitioner Through:

Mr. V.V. Manoharan, Adv.

with petitioner in person versus THE STATE ( NCT) OF DELHI & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with ASI Sukhda, PS Uttam Nagar, Delhi Ms. Shailja Singh, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.01.2019 CRL.M.A. 720/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 163/2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.730/2017 dated 11.10.2017 under Sections 498-A/406 of the Indian Penal Code, 1860 (IPC), registered at Police Station Uttam Nagar, New Delhi and the proceedings emanating therefrom. 2.

The petitioner and respondent No.2 as well as the learned counsel for the parties submitted that the parties have entered into a settlement dated 31.3.2018 in pursuance whereof, their marriage

stands dissolved vide a decree of divorce dated 11.10.2018. 3.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 4.

The petitioner and the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioner has already made all the payments to the respondent No.2 and nothing is due from the petitioner. Respondent No.2 submitted that she has no objection to the quashing of the FIR and the petition being allowed.

5.

In view of the aforesaid circumstances, 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.730/2017 dated 11.10.2017 under Sections 498-A/406 of the IPC, registered at Police Station Uttam Nagar, New Delhi and all the consequential proceedings arising out of the FIR are quashed. 6.

Petition is disposed of in above terms. CRL.M.A. 719/2019 also stands disposed of.

CHANDER SHEKHAR, J JANUARY 15, 2019/rk