Gourav Verma & ORS. v. State & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GOURAV VERMA & ORS ..... Petitioner Through:

Ms. Manish Rana, Advocate versus STATE & ANR ..... Respondent Through:

Ms. Aashaa Tiwari, APP for State with IO/SI Rajendra Dhaka, P.S.

Rajouri Garden.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 11.02.2020 CRL.M.A. 3077/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 145/2013 under Sections 498A/406/34 IPC registered at P.S. Rajouri Garden, Delhi on the ground that the parties have settled their disputes. 2.

The present FIR is an outcome of a matrimonial dispute between petitioner No.1 (husband) and respondent No.2 (wife). 3.

Ms. Aashaa Tiwari, 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.

4.

Learned counsels for the parties submit that they have settled their disputes before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 30.06.2018. A copy of the same is annexed with the petition. In terms of the settlement, marriage between petitioner No.1 and respondent no.2 has been dissolved by a decree of divorce by mutual consent passed by the Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi on 18.07.2019. In terms of the settlement, the balance amount of Rs.2 Lacs is handed over to respondent No.2 in Court today, by way of two Demand Drafts bearing No.099330 dated 23.08.2019 and No.099322 dated 22.11.2019 both amounting to Rs.1,00,000/- (Rupees 1 Lac). Respondent No.2, is now, left with no claim or grievance whatsoever against the petitioners. 5.

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. 6.

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.

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. 11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 11, 2020 Aj