Sh. Sandeep Kumar & ORS. v. State & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SH. SANDEEP KUMAR & ORS.

..... Petitioners Through:

Mr.R.K.Gautam..., Advocate along with the petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Ms.Neelam Sharma, APP for State with Inspector Girish and ASI Naresh Kumar, P.S. Mangolpuri, Delhi.

Mr.Krishan Kumar, Advocate for R-2 along with R2/complainant in person with her mother.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 29.01.2020 CRL.M.A. 2023/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 1205/2016 under Sections 498-A/406/34 IPC registered at Police Station Mangolpuri, Delhi on the ground that parties have settled their disputes. 2.

Ms. Neelam Sharma, learned APP for the State submits that the charge-sheet has been filed under the aforesaid sections against the petitioners and respondent No.2 is the only complainant/victim. 3.

The petitioners and respondent No.2, who are present in person, are

identified by their respective counsels and the Investigating Officer. 4.

Learned counsels for the parties submit that the parties have amicably settled their dispute before the Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement Agreement dated 29.11.2018. A copy of the same is annexed as Annexure P-3 with the petition. In terms of the settlement, the parties have already been granted divorce by mutual consent vide decree of divorce dated 23.03.2019. A copy of the same is annexed as Annexure P-4. A demand draft bearing No.510673 dated 24.01.2020 drawn on State Bank of India in the sum of Rs.3 lacs towards the balance settled amount has been handed over by the petitioners to respondent No.2 today in Court, which has been duly received and accepted by her. After receiving the said amount, respondent No.2 is not left with any claim or grievance against the petitioners.

5.

Respondent No. 2, who is present in Court along with her mother, states that she has entered into the settlement agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 6.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

7.

The parties are bound by the statements made in Court today. 8.

In view of the facts and since the disputes are matrimonial in nature, no useful purpose will be served in continuance of the proceedings, it is hereby directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

9.

The petition stands disposed of accordingly.

10.

Copy of the order be given dasti to the counsel for the petitioners. MANOJ KUMAR OHRI, J JANUARY 29, 2020 'dc'