Surender Kumar & ANR. v. The State (NCT Of Delhi )& ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 916/2020 SURENDER KUMAR & ANR.

..... Petitioners Through:

Mr. Manoj Garg, Advocate with petitioners in person.

versus THE STATE (NCT OF DELHI )& ANR.

..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI Hari Mohan, P.S. S.B. Dairy.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.03.2020 1.

The amended memo of parties has been filed.

2.

The present proceedings are instituted seeking quashing of FIR No. 507/2017 under Sections 498A/406/34 IPC registered at P.S. Shahbad Dairy on the ground of a settlement having been arrived at between petitioner no.1 and respondent no. 2.

3.

The present FIR is an outcome of matrimonial disputes between petitioner no.1 (husband) and respondent no.2 (wife). 4.

Learned APP for the State submits that the charge-sheet has been filed against the present petitioners and respondent no.2 is the only complainant/victim.

5.

Learned counsel for the petitioners submits that petitioner no.1 and respondent no.2 have settled their disputes out of court. In terms of the settlement, the marriage between petitioner no.1 and respondent no.2 has been dissolved by a decree of divorce by mutual consent passed by the Family Court, South District, Saket Courts, Delhi on 01.04.2019.

6.

Petitioners and respondent no.2 are present in person and have been identified by the Investigating Officer. Petitioner no.1 has handed over a demand draft of Rs.75,000/- to respondent no. 2 today in Court towards the balance settled amount.

7.

Respondent no. 2 states that she has entered into the settlement with petitioner no.1 out of her own free will, volition and without any undue force, pressure or coercion. She further states that she has received the entire settled amount and has no objection if the present FIR is quashed against petitioner no.1 and his family members i.e. petitioner nos. 2 to 4. 8.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

9.

The parties shall remain bound by their statements made in Court today.

10.

In view of the settlement arrived at between the parties voluntarily and the fact that the marriage between the 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, the aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed. 11.

With the above directions, the petition is disposed of. Miscellaneous application is disposed of as infructuous.

MANOJ KUMAR OHRI, J MARCH 02, 2020 ga