Kishore Mehto v. State & ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2273/2019 KISHORE MEHTO ..... Petitioner Through:

Mr. Rajesh Pandey and Ms.Sangeeta Chauhan, Advs.

with the petitioner in person versus STATE & ANR .... Respondents Through:

Mr. Raghuvinder Verma, APP with SHO/Insp. Vijay Pal and SI Mahabir Prasad, PS Dabri, Delhi R-2 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 28.08.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.288/2013 dated 28.5.2013, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom.

2.

Learned APP for the State submitted that the other co-accused have already been discharged by the Trial Court vide order dated 5.9.2017.

3.

The petitioner and respondent No.2 as well as the learned counsel for the petitioner submitted that the parties have settled their disputes on their own free will, without any force or coercion before

the Mediation Centre, Dwarka Courts, New Delhi on 20.11.2014, in pursuance whereof, the marriage of the petitioner and the respondent No.2 stands dissolved vide decree of divorce dated 23.1.2019. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has already paid the entire amount to her and now nothing remains due from the petitioner. Respondent No.2 further submitted that, she has no objection to the petition being allowed and the FIR being quashed. 5.

Learned counsel for the petitioner submitted that in view of the no objection from the respondent No.2, 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 petitioner 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.288/2013 dated 28.5.2013, under Sections 498-A/406/34 of the IPC, registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 28, 2019/rk