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High Court of DelhiCRL.M.C./548/2019

Rajiv Malhotra v. State & ANR.

2019-02-01Hon'Ble Mr. Justice Chander Shekhar2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 548/2019 RAJIV MALHOTRA ..... Petitioner Through:

Mr. Deepak Kohli, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with WASI Sunita, New Ashok Nagar, Delhi Mr. Vinay Kumar, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 01.02.2019 CRL.M.A. 2302/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 548/2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.21/2015, under Sections 366/354D/506 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jagat Puri, Delhi and the proceedings emanating therefrom.

2.

The petitioner 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 Deed dated 24.5.2016 before the Counselling Cell, Family Court, Karkardooma, Delhi, in terms whereof the marriage between the petitioner 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 6.7.2017. 3.

Respondent No.2, who is present in Court, 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 petitioner 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.21/2015, under Sections 366/354D/506 of the IPC, registered at P.S.: Jagat Puri, Delhi and the proceedings emanating therefrom are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 01, 2019/tp