Akshay Raj Singh Bisht & ORS v. The State & ORS

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1874/2019 & CRL.M.A.7463/2019 AKSHAY RAJ SINGH BISHT & ORS ..... Petitioners Through:

Mr. D.K. Singh, Advocate versus THE STATE & ORS ..... Respondents Through:

Mr. Raghuvinder Verma, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.10.2019 1.

Verification report stands filed.

2.

Special Power of Attorney has been executed by petitioner No.3 in favour of Mr. Lallan Singh. 3.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.113/2015, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Shastri Park Metro, Delhi and the proceedings emanating therefrom. 4.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 6.3.2018, in terms whereof petitioner No.1 had agreed to pay Rs.3,50,000/- to the respondent No.2. It is further submitted that out of Rs.3,50,000/-, an amount of Rs.2,50,000/- has already been paid to respondent No.2. It is also submitted that

the marriage between the 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 16.10.2018.

5.

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 balance amount of Rs.1,00,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

6.

Learned counsel for the petitioners submitted that the petitioners have brought one demand draft bearing No.948596, for an amount of Rs.1,00,000/-, drawn on Punjab National Bank, which has been handed over to the respondent No.2 today in the Court.

7.

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. 8.

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. 113/2015, under Sections 498A/406/34 of the IPC, registered at P.S.: Shastri Park Metro, Delhi and the proceedings emanating

therefrom are quashed.

9.

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

CHANDER SHEKHAR, J OCTOBER 17, 2019 tp