High Court of DelhiW.P.(CRL)/1942/2019

Sandeep Kumar & ORS. v. State & ANR.

2020-01-16Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: January 16, 2020 + W.P.(CRL) 1942/2019 and CRL. M.A. 31371/2019 SANDEEP KUMAR & ORS.

..... Petitioners Through Mr. Rajesh Sharma, Advocate alongwith petitioners in person versus STATE & ANR.

..... Respondents Through Mr. Amanpreet Singh and Mr.

Divyank Tyagi, Advocates for Mr.

Rahul Mehra, Standing Counsel (Criminal) for the State/R-1 with SI Ranbir Singh and ASI Bajrang Singh, P.S.: Nangloi Mr. Manish, Advocate for Respondent no.2 alongwith respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral) The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 423/2017, under sections 498A/406/34 of the Indian Penal Code, 1860, registered at P.S.: Nangloi and the proceedings emanating therefrom. W.P.(Crl.) 1942/2019

The petitioners and respondent no.2 have submitted that they had settled their disputes vide Settlement Deed dated 15.06.2017. However, the settlement could not be implemented earlier. However, the dispute now stands settled. The parties have already obtained divorce by mutual consent on 26.03.2018. The settlement amount is Rs. 8,00,000/- and entire settlement amount has already been paid to respondent no.2. Respondent no.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has amicably settled the dispute. Respondent no.2 further submitted that she has no objection to the FIR being quashed and the petition being allowed. The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.

In view of the above 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. 423/2017, under sections 498A/406/34 of the IPC, registered at P.S.: Nangloi and the proceedings emanating therefrom are quashed.

Petition alongwith pending application is disposed of accordingly. (BRIJESH SETHI) JUDGE JANUARY 16, 2020 savita W.P.(Crl.) 1942/2019