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High Court of DelhiCRL.M.C./518/2019

Gaurav Arora & ORS v. State & ANR.

2019-02-04Hon'Ble Mr. Justice Chander Shekhar2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 518/2019 GAURAV ARORA & ORS ..... Petitioners Through:

Mr.R.L. Saini with Ms.Kavita Saini, Advs. with petitioner Nos.1-3 in person versus STATE & ANR.

..... Respondents Through:

Mr.Prashant Diwan and Mr.Brajesh Dwivedi, Advs. for R2.

ASI Chatarbali, PS Keshav Puram

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 04.02.2019 CRL.M.A.2190-91/2019 Allowed, subject to all just exceptions.

Applications are disposed of.

CRL.M.C. 518/2019 1.

The petitioners have filed the present petition under Section 482 of the Criminal Procedure Code, 1973 for quashing of FIR No. 03/2012 dated 02.01.2012, under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) registered at P.S. Keshav Puram, Delhi and the proceedings emanating therefrom.

2.

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

own free will, without any force or coercion, vide Settlement Agreement dated 25.08.2018 before the Delhi High Court Mediation & Conciliation Centre in terms whereof the marriage between the parties have been dissolved by way of decree of divorce dated 05.12.2018 under Section 13B (2) of the Hindu Marriage Act, 1955. 3.

The 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, 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 and has also verified about the Settlement.

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. 03/2012, under Sections 498A/406/34 IPC, registered at P.S. Keshav Puram, Delhi, and the proceedings emanating therefrom are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J.

FEBRUARY 04, 2019 neelam