Arun Kumar & ORS v. State & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 413/2019 & CRL.M.A.1753/2019 ARUN KUMAR & ORS .... Petitioners Through:

Mr. Vipin Kumar and Mr.Dalip Gupta, Advs. with petitioners in person versus STATE & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Karan Singh, PS Lodhi Colony, New Delhi Mr. Dinesh Kr. Verma, Adv.

for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.02.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.314/2015 dated 14.9.2015 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Lodhi Colony, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have entered into a settlement agreement dated 23.2.2018 before the Mediation Centre, Saket Courts, New Delhi in pursuance whereof, their marriage has been dissolved vide a decree of divorce dated 31.10.2018.

3.

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. 4.

The petitioners 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 petitioners have already paid the entire settlement amount of Rs.2,00,000/- to the respondent No.2. Respondent No.2 submitted that she has no objection to the petition being allowed and the quashing of the FIR.

5.

In view of the aforesaid circumstances as well as 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.314/2015 dated 14.9.2015 under Sections 498-A/406/34 of the IPC, registered at Police Station Lodhi Colony, New Delhi and all the consequential proceedings arising out of the FIR are quashed. 6.

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

CHANDER SHEKHAR, J FEBRUARY 11, 2019/rk