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High Court of DelhiCRL.M.C./672/2019

Krishan Meghwal v. State ( Govt Of NCT Delhi) & ANR

2019-02-08Hon'Ble Mr. Justice Chander Shekhar2 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 672/2019 KRISHAN MEGHWAL ..... Petitioner Through:

Mr. Vinay Tyagi, Adv. with petitioner in person versus STATE ( GOVT OF NCT DELHI) & ANR .... Respondents Through:

Mr.Ashish Dutta, APP with ASI Anil Kumar, PS Bindapur, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.02.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0762/2017 under Sections 323/341/506/308 of the Indian Penal Code, 1860 (IPC), registered at Police Station Bindapur, New Delhi and the proceedings emanating therefrom.

2.

The petitioner has filed an affidavit dated 6.2.2019 on record. 3.

The petitioner and his counsel as well as the respondent No.2 submitted that the parties have entered into a settlement agreement dated 21.8.2018 before the Counselling Cell, Family Court, Dwarka, New Delhi in pursuance whereof, their marriage has been dissolved vide a decree of divorce dated 30.10.2018.

4.

The respondent No.2, present in the Court, reiterated the aforesaid facts and submitted that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion and she has no objection to the petition being allowed and the quashing of the FIR.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 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.0762/2017 under Sections 323/341/506/308 of the Indian Penal Code, 1860 (IPC), registered at Police Station Bindapur, New Delhi and all the consequential proceedings arising out of the FIR are quashed. The parties shall remain bound by the terms and conditions of the settlement agreement dated 21.8.2018 read with the affidavit of the petitioner dated 6.2.2019.

7.

Petition is disposed of in the above terms.

CHANDER SHEKHAR, J FEBRUARY 08, 2019/rk