Sumit Bahrdwaj v. State & ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1049/2020 SUMIT BHARDWAJ ..... Petitioner Through:

Mr. Vikas Yadav and Ms. Upma Yadav, Advs. with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Ms. Manjeet Arya, APP for State with Investigating Officer.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 25.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 527/2014 under Sections 498A/34 IPC registered at P.S. Chhawala on the ground of a settlement having been arrived at between the petitioner and respondent no. 2.

2.

The present FIR is an outcome of matrimonial disputes between the petitioner (husband) and respondent no.2 (wife). 3.

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

4.

Learned counsel for the petitioner submits that the petitioner and respondent no.2 have settled their disputes before the Delhi Mediation Centre, Dwarka Court, New Delhi on 17.01.2017. It is submitted that in terms of the settlement, the marriage between the petitioner and respondent no.2 has been dissolved by a decree of divorce by mutual consent passed by

the Family Court, Dwarka Court, New Delhi on 05.12.2017. 5.

The petitioner and respondent no.2 are present in person and have been identified by the Investigating Officer. 6.

Respondent no. 2 states that she has entered into the settlement with the petitioner out of her own free will, volition and without any undue force, pressure or coercion. She further states that she has already received the entire settled amount and has no objection if the present FIR and the consequent proceedings are quashed against the petitioner. 7.

Learned counsel for the petitioner 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 the petitioner 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.

10.

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

11.

Dasti.

MANOJ KUMAR OHRI, J FEBRUARY 25, 2020/ga