Gireesh Kumar & ORS v. State & ANR.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2058/2019 GIREESH KUMAR & ORS .... Petitioners Through:

Mr. Mahendra Singh and Mr.

Kailash Kumar, Advs. with the petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Manvendra, PS Pandav Nagar, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 02.07.2019 CRL.M.A. 8172/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2058/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0080/2018, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Pandav Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their

disputes on their own free will, without any force or coercion before the Counselling Cell, Family Court, East District, Karkardooma Courts, Delhi on 10.12.2018, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 23.2.2019.

3.

Learned counsel for the petitioners further submitted that the petitioners have brought a demand draft bearing No.877364 dated 10.4.2019 for an amount of Rs.1 lacs which has been handed over to the respondent No.2 today in the Court. Petitioners have also paid the additional sum of Rs.15,000/- in cash to the respondent No.2 in terms of order dated 8.5.2019 in the Court today and the same is accepted by the respondent No. 2. Learned counsel for the petitioners further submitted that in view of the settlement between the parties and the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be 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 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.0080/2018, under Sections 498-A/406/34 of the IPC, registered at P.S.: Pandav Nagar, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 02, 2019/rk