Parvesh Kumar & ORS v. The State & ORS

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 472/2019 PARVESH KUMAR & ORS ..... Petitioners Through:

Mr.

Ganesh Dutt Sharma, Advocate versus THE STATE & ORS ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with ASI Ranvir Singh, CWC, Nanakpura, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 30.01.2019 CRL.M.A. 2047/2019 Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 472/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.66/2016, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') registered at P.S.: Crime (Women) Cell, Nanakpura, Delhi and the proceedings emanating therefrom.

2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on

their own free will, without any force or coercion, vide settlement dated 2.6.2018 before the Delhi Mediation Centre, Karkardooma Courts, Delhi, in terms whereof the petitioner No.1 had to pay Rs.18,00,000/- to the respondent No.2. It is further submitted that out of Rs.18,00,000/-, an amount of Rs.12,00,000/- has already been paid to respondent No.2. It is also submitted that 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 31.10.2018.

3.

Respondent No.2, who is present in Court, 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.6,00,000/- 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 banker's cheque bearing No.707117, dated 23.1.2019, drawn on SBI, for an amount of Rs.6,00,000/-, 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 the 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. 66/2016, under Sections 498A/406/34 of the IPC, registered at P.S.: Crime (Women) Cell, Nanakpura, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 30, 2019 tp