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High Court of DelhiCRL.M.C./2790/2019

Sunil Kumar v. The State & ANR

2019-07-29Hon'Ble Mr. Justice Chander Shekhar2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2790/2019 & CRL.M.A.11247/2019 SUNIL KUMAR ..... Petitioner Through:

Mr.

Sunil Dalal & Ms.

Sangeeta Sondhi, Advocates versus THE STATE & ANR ..... Respondents Through:

Mr. Amit Chaddha, APP with SI Sunder Singh, PS:BHD Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.70/2016, under Sections 324/498-A/377 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Baba Haridas Nagar, Delhi and the proceedings emanating therefrom. 2.

The petitioner and his counsel as well as respondent No.2 submitted that the parties have orally settled their disputes on their own free will, without any force or coercion. 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 1.4.2019.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable to her from the petitioner, she has no objection to the petition being allowed and the FIR being quashed. In this regard, respondent No.2 has filed her affidavit. 4.

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. 5.

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. 70/2016, under Sections 324/498-A/377 of the IPC, registered at P.S.: Baba Haridas Nagar, Delhi and the proceedings emanating therefrom are quashed.

6.

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

CHANDER SHEKHAR, J JULY 29, 2019 tp