Vinod & ORS v. State & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2052/2019 VINOD & ORS ..... Petitioners Through:

Mr. T.K. Mukherjee, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, APP with ASI Shiv Om, PS:Ghazipur, Delhi Mr. M.S. Rawat, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 28.08.2019 1.

Issue notice. Notice is accepted by the learned APP for the State and by learned counsel for respondent No.2. 2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0705/2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Ghazipur, Delhi and the proceedings emanating therefrom. 3.

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 in the month of June, 2018 with the intervention of family members, relatives and friends, in terms whereof petitioner No.1 had agreed to pay Rs.1,00,000/- to the respondent No.2.

4.

It is further submitted that out of Rs.1,00,000/-, an amount of Rs.80,000/- 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 25.9.2018. 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.20,000/- to her, which is required to be paid as per the settlement arrived at between the parties. Respondent No.2 has filed an affidavit, wherein she has stated that she does not wish to pursue the criminal case against the petitioners any more. 6.

Learned counsel for the petitioners submitted that the petitioners are ready to pay a sum of Rs.20,000/- in cash, which has been paid 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.

0705/2014, under Sections 498-A/406/34 of the IPC, registered at P.S.: Ghazipur, Delhi and the proceedings emanating therefrom are quashed.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 28, 2019 tp