Neelam Ahuja & ORS v. State & ANR

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4104/2019 and CRL.M.A. 36140/2019 NEELAM AHUJA & ORS ..... Petitioners Through Mr. Tom Joseph and Mr. Pratap Kumar Pattanaik, Advocates.

versus STATE & ANR ..... Respondents Through Mr. Raghuvinder Verma, APP for the State.

Mr. Rajesh Khari and Mr. M.K.

Khanna, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.09.2019 1.

Learned counsel for the petitioners has filed the Special Power of Attorney on record executed by petitioner No. 1 in favour of petitioner No. 2 which has been verified by the learned APP for the State.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 278/2017, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Amar Colony, Delhi and the proceedings emanating therefrom.

3.

Learned counsels for the parties submitted that the parties have settled their disputes on their own free will, without any force or

coercion vide the compromise deed dated 19th February, 2019. 4.

Learned counsel for the petitioners also submitted that the marriage between the petitioner No.3 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 6th May, 2019. 5.

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. 6.

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.

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. 278/2017, under Sections 498-A/406/34 of the IPC, registered at P.S.: Amar Colony, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J SEPTEMBER 19, 2019