Dharminder Kumar Sharma & ORS v. The State (NCT Of Delhi) & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 634/2019 DHARMINDER KUMAR SHARMA & ORS ..... Petitioners Through Mr.Vikrama Jeet Singh, Adv.

along with petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr.Kamal Kumar Ghai, APP for the State/R-1 along with SI Amit Kumar, PS Amar Colony, in person.

Mr.Lalit Valeeha, Adv. with Ms.Divya, Adv. for R-2 along with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.02.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.485/2016, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') registered at P.S. Amar Colony, New 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 all their disputes on their own free will, without any force or coercion, vide Settlement dated 05.02.2018 before the Mediation Centre, Saket Courts, New

Delhi and in compliance and terms thereof, the marriage between the parties stands dissolved vide a decree of divorce by mutual consent under Section 13-B(2) of the Hindu Marriage Act, 1955 vide decree dated 01.11.2018. Further, the petitioner No.1 had to pay Rs.14,50,000/- to respondent No.2.

3.

Learned counsel for the petitioners submitted that out of Rs.14,50,000/-, an amount of Rs.10 lacs has already been paid to respondent No.2, and the petitioner No.1 is ready and willing to pay the balance amount of Rs.4,50,000/- to respondent No.2 today itself by way of a demand draft.

4.

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.4,50,000/- to her, which is required to be paid as per the Settlement.

5.

Petitioner No.1 has handed over the demand draft of Rs.4,50,000/- (bearing No.014283 dated 04.02.2019) to respondent No.2 today in the Court which has been accepted by respondent No.2. 6.

The Investigating Officer who is present in Court has identified the petitioners as well as respondent No.2 and has also verified the Settlement.

7.

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.485/2016, under Sections 498A/406/34 IPC registered at P.S. Amar Colony, New Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 05, 2019/ka