Sandeep Kumar Verma & ORS v. State ( NCT Of Delhi) & ANR

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1462/2019 & CRL.M.A.5808/2019 SANDEEP KUMAR VERMA & ORS .... Petitioners Through:

Mr. Parveen Malik and Mr.

Ghanshyam Yadav, Adv. with the petitioner No.1 in person versus STATE (NCT OF DELHI) & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Rajender Singh, PS Malviya Nagar, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.07.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.490/2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Malviya Nagar, Delhi and the proceedings emanating therefrom.

2.

Petitioner Nos.2 and 3 have executed Special Power of Attorneys in favour of the petitioner No.1.

3.

The petitioner No.1 and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Mediation Centre, Saket Courts, New Delhi on 19.1.2018, in pursuance whereof, the marriage of the petitioner No.1 and the

respondent No.2 stands dissolved vide decree of divorce dated 17.12.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.5 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.5 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.507043 dated 18.6.2019 for an amount of Rs.5 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be quashed.

6.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner No.1 as well as respondent No.2 and has also verified the settlement arrived at between the parties as well as the Special Power of Attorneys executed in favour of the petitioner No.1. 7.

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.490/2014, under Sections 498-A/406/34 of the IPC, registered at

P.S.: Malviya Nagar, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J JULY 08, 2019/rk