Arun Kumar And ORS v. State And ANR

SINDHU KRISHNAKUMAR 06.08.2020 20:27 $~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1627/2020 and CRL.M.A. 10398/2020 ARUN KUMAR AND ORS ..... Petitioners Through:

Mr. Manish Makhija, Advocate (M:

9810043363).

versus STATE AND ANR ..... Respondents Through:

Mr. Raghuvinder Verma, APP with IO Sandeep Man.

Mr. Sushil Kumar, Advocate with Respondent No. 2 in person (M:

9718669547).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 04.08.2020 1.

This hearing has been held through video conferencing. 2.

The present petition has been filed by the Petitioners for quashing of FIR No. 0016/2017 under Sections 498-A/406/34 IPC in PS Ambedkar Nagar.

3.

Petitioner No.1 - Arun Kumar was married to Mrs. Shakuntala @ Shagun. Matrimonial disputes arose between them and the present FIR was registered against the Petitioners i.e., the husband, mother in law and brother-in-law. During the pendency of the present petition and the criminal trial, parties have entered into a memorandum of settlement by which they have resolved their disputes and agreed to a divorce by mutual consent. The terms of the settlement are contained in the report dated 17th August, 2019. Pursuant to the settlement, the final decree of divorce has also been passed By:PRATHIBA M SINGH

by the Family Court on 14th July, 2020.

4.

Respondent No.2, i.e., the wife and the husband have joined the proceedings today, along with their counsels. Respondent No. 2 has been identified by the Investigating Officer. Both confirm that they have settled their disputes. Respondent No.2 has also confirmed receipt of the entire amount as mentioned in the settlement.

5.

After interacting with the parties and considering that a decree of divorce has been passed, this Court is of the opinion that the allegations are personal in nature. They do not affect public tranquility or peace. In view of the fact that the parties have arrived at a settlement, in order to ensure that no further acrimony is created between the parties and keeping in mind their peaceful future life, this Court quashes FIR No. 0016/2017 and the proceedings arising therefrom. Copy of the demand draft, which shows the payment to Respondent No. 2, shall be emailed to the Court Master. No further orders are called for.

6.

The petition is disposed of in the above terms. All pending applications are also disposed of.

PRATHIBA M. SINGH, J.

AUGUST 04, 2020 MR/T By:PRATHIBA M SINGH