Sanjay Goyal & ANR v. The State & ANR

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 588/2019 SANJAY GOYAL & ANR ..... Petitioners Through:

Ms. Aanchal Budhiraja and Mr.Siddharth Narang and Dr.

Alok, Advs.

versus THE STATE & ANR ..... Respondents Through:

Mr.Ashish Dutta, APP for State along with IO Mr.Sumit Chaudhary, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 04.02.2019 CRL.M.A. 2449/2019 Allowed, subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 588/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.132/2017, dated 20.05.2017 under Sections 506/509/34 of the Indian Penal Code, 1860 ('IPC') registered at P.S.: South Rohini, 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 Agreement dated 27.11.2017 before the Delhi Mediation Centre, Rohini District Courts Delhi, in terms whereof, 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 26.5.2018.

3.

Learned counsel for the parties submitted that another petition for quashing of FIR No.521/2016 was listed for today before the Court of HMJ Najmi Waziri which has been allowed by the Court.

4.

Respondent No.2, who is present in Court along with her father, has reiterated the aforesaid facts and submitted that all the payments have been made to her and now there is nothing due from the petitioners and she has no objection to the petition being allowed and the FIR being quashed.

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 interests of justice, FIR No. 132/2017, under Sections under

Sections 506/509/34 of the IPC, registered at South Rohini, Delhi, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J.

FEBRUARY 04, 2019 neelam