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High Court of DelhiCRL.M.C./1982/2019

Rajeev Pathak & ORS. v. State & ANR.

2019-04-12Hon'Ble Mr. Justice Chander Shekhar2 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1982/2019 RAJEEV PATHAK & ORS.

..... Petitioners Through:

Mr.

Dilip Kumar Singh, Advocate with the petitioners in person versus STATE & ANR.

..... Respondents Through:

Mr.Ashish Dutta, APP with IO in person R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 12.04.2019 CRL.M.A. 7857/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1982/2019 & CRL.M.A. 7856/2019 (for stay) 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.374/2016 dated 19.12.2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Ambedkar Nagar, Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Understanding/Settlement Agreement/Compromise

Deed dated 2.5.2018, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 30.8.2018.

4.

Respondent No.2 has reiterated the aforesaid facts and submitted that in view of the settlement arrived at between the parties, she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that in view of the submission of the respondent No.2 that she has no objection, 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 petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 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. 374/2016 dated 19.12.2016, under Sections 498-A/406/34 of the IPC, registered at P.S.: Ambedkar Nagar, Delhi and the proceedings emanating therefrom are quashed.

8.

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

CHANDER SHEKHAR, J APRIL 12, 2019/rk