Surender Tayal v. State (N.C.T Of Delhi) & ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 190/2020 SURENDER TAYAL ..... Petitioner Through:

Mr. Santosh Kumar Singh, Advocate with petitioner in person.

versus STATE (N.C.T OF DELHI) & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP for State with Insp. Manohar Lal, P.S. Begumpur.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 16.01.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 133/2016 under Sections 498A/406/34 IPC registered at P.S. Begumpur on the ground that the matter has been settled between the petitioner and respondent no. 2.

2.

The present FIR is an outcome of matrimonial disputes between the petitioner (husband) and respondent no.2 (wife). 3.

Learned APP for the State, submits that charge-sheet has been filed against the present petitioner only. It is further submitted that respondent no.2 is the only complainant/victim.

4.

Learned counsel for the petitioner submits that the petitioner and respondent no.2 have settled their disputes before the Counselling Cell, Family Court, Rohini, Delhi on 23.05.2019. A copy of the same is annexed with the petition. It is further submitted that the marriage between the petitioner and respondent no.2 has been dissolved by a decree of divorce by

mutual consent passed by the Family Court, North West, Rohini Courts, Delhi on 18.04.2019.

5.

The petitioner and respondent no.2 are present in person and have been identified by the Investigating Officer. 6.

Respondent no. 2 states that she has entered into the settlement with the petitioner out of her own free will, volition and without any undue force, pressure or coercion. She further states that she has no objection if the present FIR is quashed.

7.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties voluntarily and the fact that the marriage between the petitioner and respondent no.2 has already been dissolved, in my view, no useful purpose will be served in keeping them entangled in the present criminal proceedings. Accordingly, in the interest of justice, the aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed.

10.

With the above directions, the petition is disposed of. Miscellaneous applications are disposed of as infructuous.

11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 16, 2020 ga