Rohit Khurana & ORS v. State & ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 535/2020 ROHIT KHURANA & ORS ..... Petitioner Through:

Mr. Devendra Dagar, Advocate with petitioner in person.

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

Dr. M.P. Singh, APP for State with ASI G. Kumar P.S. Bindapur.

Mr. Sanjeev Gupta, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.01.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 737/2017 under Sections 498A/406/34 IPC registered at P.S. Binda Pur on the ground of a settlement having been arrived at between the petitioners and respondent no. 2.

2.

The present FIR is an outcome of matrimonial disputes between the petitioner (husband) and respondent no.2 (wife). 3.

Learned APP for the State submits that charge-sheet has been filed in the present case against the petitioners and respondent no.2 is the only complainant/victim.

4.

Learned counsel for the petitioners submits that the petitioners and respondent no.2 have settled their disputes before the Mediation Centre, Dwarka Courts, New Delhi on 11.07.2019 for a total sum of Rs.8 lacs. A copy of the same is annexed as Annexure-P-4 with the petition. In terms of the settlement, the marriage between the petitioner and respondent no.2 has been dissolved by a decree of divorce by mutual consent passed by the

Family Court, Dwarka Courts, New Delhi on 17.12.2019. 5.

The petitioners and respondent no.2 are present in person and have been identified by their respective counsels as well as the Investigating Officer. The petitioners have paid balance settled amount of Rs.3 lacs to respondent no.2 today in Court through a demand draft, photocopy whereof has been placed on record.

6.

Respondent no. 2 states that she has entered into the settlement with the petitioner 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 and the consequent proceedings are quashed. 7.

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

8.

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

9.

In view of the settlement arrived at between the parties voluntarily and the fact that the marriage between 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.

10.

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

11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 31, 2020/ga