Sachin Bhalla & ORS v. State ( Govt Of NCT Of Delhi) & ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 980/2019 SACHIN BHALLA & ORS ..... Petitioners Through:

Mr. Sanjay Dewan, Advocate versus STATE ( GOVT OF NCT OF DELHI) & ANR..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Vikram Singh, PS:Punjabi Bagh, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 21.02.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.201/2017, under Sections 498A/406/506/377/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Punjabi Bagh, Delhi and the proceedings emanating therefrom.

2.

The petitioners and their respective counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion, vide Settlement Agreement dated 22.5.2018 before the Delhi High Court Mediation & Conciliation Centre, in terms whereof the petitioner No.1 had to pay Rs.80,00,000/- to the respondent No.2. It is further submitted that out of Rs.80,00,000/-, an amount of Rs.45,00,000/- has already been paid to respondent

No.2. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 7.2.2019. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the amount of Rs.35,00,000/- to her, which is required to be paid as per the Settlement arrived at between the parties.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft, bearing No.883460, dated 18.2.2019, drawn on IndusInd Bank, for an amount of Rs.35,00,000/-, which has been handed over to the respondent No.2 today in the Court.

5.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified about the settlement arrived at between the parties. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties, the dissolution of marriage and the balance sum received by respondent No.2 by way of demand draft, 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. 201/2017, under Sections 498-A/406/506/377/34 of the IPC,

registered at P.S.: Punjabi Bagh, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 21, 2019 tp