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High Court of DelhiCRL.M.C./517/2019

Naveen Nischal v. State & ANR

2019-02-20Hon'Ble Mr. Justice Chander Shekhar2 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 517/2019 NAVEEN NISCHAL & ORS.

..... Petitioners Through:

Mr. R. Siddiqui, Adv. with petitioner in person versus STATE & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with IO in person Mr. Hitesh Kumar, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 20.02.2019 1.

In view of the oral request of the learned counsel for the petitioners, the remaining accused persons are allowed to be impleaded as petitioners. Amended memo of parties is taken on record.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.87/2017 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Dabri, New Delhi and the proceedings emanating therefrom.

3.

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 21.8.2018 before the Counselling Cell,

Family Court, Karkardooma, Shahdra, Delhi in pursuance whereof, the marriage between the petitioner No.1 and the respondent No.2 has been dissolved vide a decree of divorce dated 22.10.2018. 4.

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. 5.

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 nothing to pay to the respondent No.2. Respondent No.2 submitted that in terms of the settlement arrived at between the parties, she has no objection to the petition being allowed and the FIR being quashed.

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. 87/2017 under Sections 498-A/406/34 of the IPC, registered at Police Station Dabri, New Delhi and all the consequential proceedings arising out of the FIR are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 20, 2019/rk