Nitesh Verma & ANR v. The State(Gnct Of Delhi) & ANR

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1540/2019 & CRL.M.A.6146/2019 NITESH VERMA & ANR .... Petitioners Through:

Mr. R.S. Mishra and Mr.

Anand Mishra, Advs. with petitioners in person versus THE STATE(GNCT OF DELHI) & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Mahender Singh, PS Paharganj, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 20.03.2019 CRL.M.A. 6146/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1540/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.336/2015 dated 29.5.2015 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Paharganj, New Delhi and the proceedings emanating therefrom. 2.

Respondent No.2 has filed a fresh affidavit as well as proof of identity on record.

3.

The petitioners and respondent No.2, as well as the learned counsel for the petitioners submitted that the parties have settled the matter on 13.8.2018 before the Special Judge-03, (PC Act) CBI, Tis Hazari Courts, New Delhi in pursuance whereof, the marriage between petitioner No.1 and the respondent No.2 has been dissolved vide a decree of divorce dated 24.12.2018.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 5.

The petitioners and the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioners have to pay the balance amount of Rs.3,00,000/- to the respondent No.2. Respondent No.2 submitted that in case the petitioners make the payment of Rs.3,00,000/- in terms of the settlement arrived at between the parties, she has no objection to the petition being allowed and the FIR being quashed. 6.

Learned counsel for the petitioners submitted that the petitioners have brought two Demand Drafts bearing Nos.395729 & 395730 dated 14.3.2019 and 15.3.2019, respectively, for amounts of Rs.2,30,000/- and Rs.70,000/- which have been handed over to the respondent No.2 in the Court today. The parties submitted that in view of the payment of the balance amount as well as in the interest of justice, the aforesaid petition may be allowed. 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. 336/2015 dated 29.5.2015 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Paharganj, New Delhi and all the consequential proceedings arising out of the FIR are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 20, 2019/rk