Harpreet Singh v. State & ANR

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 809/2019 & CRL.M.A. 13114/2019 HARPREET SINGH ..... Petitioner Through:

Mr. P.N. Dhar, Adv. with the petitioner in person versus STATE & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Manjeet, PS Dwarka South, Delhi Mr. Abhishek Bhardwaj, Adv.

for R-2 with the R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.208/2014 dated 4.4.2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Dwarka South, New Delhi and the proceedings emanating therefrom. 2.

Learned counsel for the petitioner has filed the certified copy of the order dated 5.2.2018 whereby the accused persons, namely, Gurnam Singh and Darshan Kaur have been discharged for the offence under Sections 498-A/406 of the IPC in the aforesaid FIR. 3.

The petitioner and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their

disputes on their own free will, without any force or coercion vide a Memorandum of Understanding dated 29.11.2018, in pursuance whereof, the marriage of the petitioner and the respondent No.2 stands dissolved vide decree of divorce dated 8.1.2019. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has to pay the balance amount of Rs.4 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioner makes the payment of the balance amount of Rs.4 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioner submitted that the petitioner have brought a demand draft bearing No.148536 dated 10.5.2019 for an amount of Rs.4 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioner submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be quashed.

6.

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. 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.208/2014 dated 4.4.2014, under Sections 498-A/406/34 of the IPC, registered at P.S.: Dwarka South, New Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms. Pending applications is also disposed of.

CHANDER SHEKHAR, J JULY 05, 2019/rk