Sumit Kumar & ORS. v. State & ANR

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3194/2019 SUMIT KUMAR & ORS.

..... Petitioners Through:

Mr. Pradeep Sharma, Advocate versus STATE & ANR ..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Rajender Singh, PS:Mundka, Delhi Ms. Sunita Joshi, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.07.2019 CRL.M.A.13149/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 3194/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.225/2016, under Sections 328/498-A/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Mundka, Delhi and the proceedings emanating therefrom. 2.

Learned counsel for the petitioners submitted that the petitioners have already been discharged for the offence under Section 328 of the IPC. The Investigating Officer, who is

present in Court, has also verified the same. 3.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Rohini District Courts, Delhi on 5.6.2018, in terms whereof petitioner No.1 had agreed to pay Rs.5,00,000/- to the respondent No.2. It is further submitted that out of Rs.5,00,000/-, an amount of Rs.3,00,000/- has already been paid to respondent No.2. 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 29.9.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the balance amount of Rs.2,00,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

5.

Learned counsel for the petitioners submitted that the petitioners have brought a banker's cheque bearing No.200499, dated 3.7.2019, drawn on State Bank of India, for an amount of Rs.2,00,000/-, which has been handed over to the respondent No.2 today in the Court.

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, 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. 225/2016, under Sections 328/498-A/34 of the IPC, registered at P.S.: Mundka, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 08, 2019 tp