Nitin & ORS v. State (NCT Of Delhi) & ANR

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 510/2020 NITIN & ORS ..... Petitioners Through:

Mr. Sushil Panwar and Mh. Najam Khan, Advocates versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI Dharmvir Singh, PS - CWC Nanak Pura R-2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 11.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 72/2018 under Sections 498A/406/34 IPC registered at P.S. CAW Cell, Nanak Pura on the ground that the parties have settled their disputes. 2.

Ms. Manjeet Arya, learned APP for the State, on instructions, submits that the charge-sheet in the present case has been filed against the aforesaid petitioners and respondent No.2 is the only victim/complainant in this case. 3.

Learned counsels for the parties submit that they have settled their disputes before the CAW Cell, Malviya Nagar in Mediation Cell on 01.11.2018. A copy of the same is annexed as Annexure P-2 with the petition. In terms of the settlement, marriage between the petitioner no.1 and respondent no.2 has been dissolved by a decree of divorce by mutual CRL.M.C. 510/2020

consent passed by the Family Courts, West District, Tis Hazari Courts, Delhi on 23.07.2019. In terms of the settlement, respondent No.2, is now, left with no claim or grievance whatsoever against the petitioners. 4.

The petitioners, who are present in person, are identified by their counsel as well as the Investigating Officer. Respondent No.2, who is also present in person, is also identified by the Investigating Officer. 5.

Respondent no. 2 states that she has entered into the settlement with the petitioners out of her own free will, volition and without any undue force, pressure or coercion. She further states that she has no objection if the present FIR is quashed.

6.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

7.

The parties shall remain bound by their statements made in Court today.

8.

In view of the settlement arrived at between the parties voluntarily and the fact that the marriage between the petitioner no. 1 and respondent no.2 has already been dissolved, in my view, no useful purpose will be served in keeping them entangled in the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed. 9.

With the above directions, the petition is disposed of. Miscellaneous application is disposed of as infructuous.

10.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 11, 2020/PB CRL.M.C. 510/2020