Ashwani Kumar v. State & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4009/2019 ASHWANI KUMAR ..... Petitioner Through:

Mr. Sunny Sehrawat, proxy counsel versus STATE & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, APP with SI Yogendra, PS:Burari, Delhi Mr.

Ravish Dedha, Mr.

Rishabh Jain & Ms. Komal, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.10.2019 CRL.M.A.33508/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C.4009/2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State and by learned counsel for respondent No.2.

3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.291/2013, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Burari, Delhi and the proceedings emanating therefrom.

4.

The petitioner 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, Tis Hazari Courts, Delhi on 20.9.2018, in terms whereof the petitioner 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 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 16.3.2019.

5.

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.

6.

Learned counsel for the petitioner submitted that the petitioner has brought a banker's cheque bearing No.875854, dated 14.10.2019, 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.

7.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has

also verified the settlement arrived at between the parties. 8.

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. 291/2013, under Sections 498-A/406/34 of the IPC, registered at P.S.: Burari, Delhi and the proceedings emanating therefrom are quashed.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J OCTOBER 16, 2019 tp