Rohtas & ORS v. State & ANR

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2843/2019 & CRL.M.As. 11502-11503/2019 ROHTAS & ORS .... Petitioners Through:

Mr. Arun Chhachhia, Adv.

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

Mr.Panna Lal Sharma, APP with SI Prabhakaran, PS Dabri, Delhi R-2 with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 27.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0890/2015, 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.

Respondent No.2 has filed her affidavit as well as her proof of identity on record.

3.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Counselling Cell, Family Courts, Dwarka, New Delhi on 6.4.2018, in pursuance whereof, the marriage of the petitioner No.1 and the

respondent No.2 stands dissolved vide decree of divorce dated 20.2.2019.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.2 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.2 lacs, she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that the petitioners have brought a Term Deposit Certificate bearing Sr. No.SBP 958432 in the name of Master Devanshu, son of respondent No.2 issued on 13.2.2019 for an amount of Rs.2 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners and respondent No.2 submitted that in view of the handing over of the Term Deposit Certificate to 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 petitioners 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.0890/2015, 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. Pending applications also stand disposed of.

CHANDER SHEKHAR, J MAY 27, 2019/rk