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High Court of DelhiCRL.M.C./4431/2019

Montu @ Kishore Giri v. State & ANR

2019-11-14Hon'Ble Mr. Justice Chander Shekhar2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4431/2019 MONTU @ KISHORE GIRI ..... Petitioner Through Ms. Anisha Jain and Mr.Karan Jain, Advs. with the petitioner in person versus STATE & ANR .... Respondents Through Ms. Aashaa Tiwari, APP with SI Prakash R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 14.11.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the respondent No.2, present in the Court. 3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.198/2013 dated 24.5.2013, under Sections 498-A/406 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 the learned counsel for the petitioner 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, New Delhi on

6.12.2013, in pursuance whereof, the marriage of the petitioner and the respondent No.2 stands dissolved vide decree of divorce dated 20.11.2014.

5.

Respondent No.2 has reiterated the aforesaid facts and submitted that the petitioner has already paid the entire amount to her and now nothing remains due from the petitioner. 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 petitioner 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.

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 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.198/2013 dated 24.5.2013, under Sections 498-A/406 of 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 NOVEMBER 14, 2019/rk