Rejesh Babu v. The State & ANR

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1074/2019 RAJESH BABU ..... Petitioner Through:

Mr. Manobal Gupta, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Mahipal Singh, PS:Sangam Vihar, Delhi Ms.

Geetanksha Dhingra, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 27.03.2019 Crl.M.A.4262/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 1074/2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.471/2012, under Sections 498-A/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Sangam Vihar, Delhi and the proceedings emanating therefrom. 2.

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

disputes on their own free will, without any force or coercion vide Memorandum of Understanding dated 7.1.2019, in terms whereof petitioner had agreed to pay Rs.2,50,000/- to the respondent No.2. It is further submitted that out of Rs.2,50,000/-, an amount of Rs.1,50,000/- has already been paid to respondent No.2.

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 petitioner pays the amount of Rs.1,00,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

4.

Learned counsel for the petitioner submitted that the petitioner has brought a demand draft bearing No.695908 dated 7.3.2019, for an amount of Rs.1,00,000/-, 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 petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 6.

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.471/2012, under Sections 498-A/406 of the IPC, registered at P.S.: Sangam Vihar, Delhi and the

proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 27, 2019/rk