Chandan & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 456/2019 CHANDAN & ORS ..... Petitioners Through:

Mr. Wasim Ahmed Alvi, Mr.

Parvez Alam & Mr. Raj Kumar, Advocates versus THE STATE ( GOVT OF NCT OF DELHI) & ANR.....

Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Rahul Kumar, PS:Laxmi Nagar, Delhi Mr. Anil Anand, Advocate for the complainant.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.01.2019 CRL.M.A. 1980/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 456/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.2699/2014, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') registered at P.S.: Shakarpur, 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, vide Settlement dated 1.7.2015 before the Delhi Mediation Centre, Karkardooma Courts, Delhi, in terms whereof the petitioner No.1 has already paid the amount to the respondent No.2 and the marriage between the petitioner No.1 and the 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 8.6.2016.

3.

Respondent No.2, who is present in Court along with her father, has reiterated the aforesaid facts and submitted that in view of the Settlement arrived at between the parties as well as the payments made, 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. 5.

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.2699/2014, under Sections 498A/406/34 of the IPC registered at P.S.: Shakarpur, Delhi and the proceedings emanating therefrom are quashed. However, the parties shall remain bound by the terms and conditions of the Settlement.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 29, 2019 tp