High Court of DelhiW.P.(CRL)/451/2020

Vikas Kumar @ Keshav & ORS. v. State & ANR.

2020-02-14Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: February 14, 2020 + W.P.(CRL) 451/2020 and CRL.M.A. 3380/2020 VIKAS KUMAR @ KESHAV & ORS.

..... Petitioners Through Mr. Ram Ratan Gautam and Mr.

Raj Kumar, Advocates alongwith petitioners in person versus STATE & ANR.

..... Respondents Through Mr. Rajesh Mahajan, Additional Standing Counsel for the State with Ms. Jyoti Babbar and Ms.

Shutika Vedi, Advocates with SI Kiran Pal, P.S.: Jagat Puri Complainant/Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral) The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 302/2015, under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at P.S.: Jagat Puri and the proceedings emanating therefrom. The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.

W.P.(Crl.) 451/2020

The petitioners and respondent no.2 have submitted that they have settled their disputes before the Principal Counsellor, Family Court, Shahdara District, Karkardooma Courts, Delhi vide Settlement Deed dated 3rd December, 2019. The parties have already obtained divorce by mutual consent on 18.12.2019. The settlement amount was Rs. 1,20,000/-, out of which Rs. 60,000/- has been paid to respondent no.2 at the time of first motion and Rs. 40,000/- has further been paid to respondent no.2 at the time of second motion and Rs. 20,000/- has been handed over to respondent no.2 today in the court. Respondent no.2 reiterates the aforesaid facts and submits that they have amicably settled their dispute without any pressure or coercion from any source whatsoever. Respondent no.

2 has further submitted that she has no objection if the FIR is quashed and the petition is allowed. In view of the above 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. 302/2015, under Sections 498A/406/34 of the IPC, registered at P.S.: Jagat Puri and the proceedings emanating therefrom are quashed.

The petition alongwith pending application is disposed of accordingly.

(BRIJESH SETHI) JUDGE FEBRUARY 14, 2020/savita W.P.(Crl.) 451/2020