High Court of DelhiW.P.(CRL)/1596/2019

Sandeep Thakur & ANR. v. State & ANR.

2019-09-16Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1596/2019 and CRL.M.A. 11680/2019 SANDEEP THAKUR & ANR.

..... Petitioners Through Mr. Kamal Mehta, Advocate alongwith petitioners in person versus STATE & ANR.

..... Respondents Through Mr. G.M. Farooqui, APP for the State with SI Rahul Kumar, P.S.: Laxmi Nagar Ms. Vibha Sharma and Mr. Sudesh Kumar, Advocates for Respondent no.2

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 16.09.2019 The petitioner has filed the present petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C) for quashing of FIR No. 894/2016, under Sections 498A/406/34 of Indian Penal Code, 1860, registered at Police Station- Shakarpur and the proceedings emanating therefrom. The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.

The petitioners and respondent no.2 as well as their respective counsels submit that the parties have amicably settled their disputes. Respondent no.2 submits that she has settled the dispute with the petitioners of her own free will and without any undue force, pressure or

coercion. She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 26.02.2019 passed by the Judge, Family Courts, East District, Karkardooma Courts, Delhi. Petitioner no.1 has to pay a sum of Rs. 2,00,000/- to respondent no.2. Out of which, petitioner no.1 has already paid Rs. 1,50,000/- to respondent no.2 and rest of the amount of Rs. 50,000/- has been paid today to respondent no.2 vide Demand Draft No. 70712 dated 14.09.2019. The copy of the demand draft has been placed on record. Respondent no.2 reiterates the aforesaid facts and submits that she has no objection if the FIR in question is quashed and the petition is allowed. In view of 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. 894/2016, under Sections 498A/406/34 of the IPC, registered at Police Station- Shakarpur and the proceedings emanating therefrom are quashed.

Petition is disposed of accordingly.

BRIJESH SETHI, J SEPTEMBER 16, 2019 savita