Parvesh Kumar v. State & ANR.

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1099/2019 PARVESH KUMAR ..... Petitioner Through Mr.Rajiv Kumar Ghawana, Ms.Akshita Chhatwal and Mr.Vinay Duggal, Advs. with the petitioner in person versus STATE & ANR.

.... Respondents Through Mr. Amit Chadha, APP with the IO in person R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 14.01.2020 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.320/2017 dated 22.4.2017, under Section 324 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Sultanpuri, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as the learned counsel for the petitioner submitted that the parties have settled their disputes on their own free will, without any force or coercion as is evident from the order dated 17.11.2018 passed by the Principal Judge, South-West District, Family Court, Dwarka, New Delhi, in pursuance whereof, the marriage of the petitioner and the respondent

No.2 stands dissolved vide decree of divorce dated 17.11.2018. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has already paid the entire amount to her and now nothing remains due from the petitioner. Respondent No.2 further submitted that, she has no objection to the petition being allowed and the FIR being quashed. 4.

Learned counsel for the petitioner submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

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.320/2017 dated 22.4.2017, under Section 324 of the IPC, registered at P.S.: Sultanpuri, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 14, 2020/rk