Ashish Aggarwal & ORS v. State & ANR

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3543/2019 & CRL.M.As. 31752-31753/2019 ASHISH AGGARWAL & ORS ..... Petitioners Through Ms. Geeta Luthra, Senior Advocate with Mr.Aatamish Siddiki, Advocate with petitioners in person versus STATE & ANR ..... Respondents Through Mr.Panna Lal Sharma, APP for the State with SI Rajiv Ranjan, PS Kirti Nagar, Delhi Respondent no.2 with Counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.07.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.199/2012 dated 07.07.2012, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Kirti Nagar, West Delhi District, New Delhi and the proceedings emanating therefrom. 2.

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 Division Bench of this Court on 12.04.2019, in pursuance

whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 30.01.2016. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have already paid the entire amount to her and now nothing remains due from the petitioners. Respondent No.2 further submitted that, she has no objection to the petition being allowed and the FIR being quashed. 4.

Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

5.

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. 6.

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.199/2012 dated 07.07.2012, under Sections 498-A/406/34 of the IPC, registered at P.S.: Kirti Nagar, West Delhi District, New Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms.

Dasti.

CHANDER SHEKHAR, J JULY 23, 2019/rk