Mr. Umesh Rathi & ORS v. State (Govt. Of NCT Of Delhi) & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1933/2019 MR. UMESH RATHI & ORS ..... Petitioners Through:

Mr. Sadiq Ali, Advocate versus STATE (GOVT. OF NCT OF DELHI) & ANR..... Respondents Through:

Mr.Ashish Dutta, APP with SI Satyender Gulia, PS:Mehrauli, Delhi Mr.

Amandeep Sharma, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.07.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.748/2017, under Sections 326/328/308/201/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Mehrauli, 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/Settlement before the dated 27.10.2017. 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 9.8.2018. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable to her from the petitioners, she has no objection to the petition being allowed and the FIR being quashed. 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.

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. 748/2017, under Sections 326/328/308/201/34 of the IPC, registered at P.S.: Mehrauli, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 05, 2019 tp