Bhagwan Dass & ORS. v. State & ANR.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1826/2019 BHAGWAN DASS & ORS.

..... Petitioners Through:

Mr. Vijay Sharma & Mr. Ajay Sharma, Advocates versus STATE & ANR.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with ASI Chatar, PS:Keshav Puram, Delhi Mr. R.P. Tiwary & Mr. Sunil Kumar Pandey, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.04.2019 CRL.M.A.7304/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 1826/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.112/2017, under Sections 354/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Keshav Puram, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Memorandum of Understanding dated 5.2.2018, in terms whereof petitioners had agreed to pay Rs.24,00,000/- to the respondent No.2. It is further submitted that out of Rs.24,00,000/-, an amount of Rs.20,00,000/- has already been paid to respondent No.2. It is also submitted that the marriage between the son of petitioner No.1 and respondent No.2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 26.9.2018. Learned counsel for the parties also submitted that the petitioners have filed another petition for quashing of an FIR, under Sections 498-A/406/34 of the IPC, which is listed before a Coordinate Bench of this Court for today. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the amount of Rs.4,00,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.506293, drawn on ICICI Bank, for an amount of Rs.4,00,000/-, which has been handed over to the respondent No.2 today in the

Court.

5.

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. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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. 112/2017, under Sections 354/509/34 of the IPC, registered at P.S.: Keshav Puram, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 05, 2019 tp