Sanjeev Kumar @ Sanjay Verma v. State (NCT Of Delhi) & ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4605/2019 SANJEEV KUMAR @ SANJAY VERMA ..... Petitioner Through:

Mr.

Archit Upadhyay, Advocate versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Ashok Kumar Garg, APP with SI Pushpendra, PS:Geeta Colony, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.11.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.41/2011, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Geeta Colony, Delhi and the proceedings emanating therefrom. 2.

The petitioner and his counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Settlement Deed dated 4.6.2018 before the Delhi Mediation Centre, Karkardooma Courts, Delhi, in terms whereof the petitioner had agreed to pay lump sum maintenance for the minor son, Raunak to the tune of Rs.50,000/-. A fixed deposit receipt in the sum of Rs.50,000/- in the name of the minor son, is handed over to respondent No.2, copy whereof is placed on record. It is also

submitted that the marriage between the petitioner No.1 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 21.1.2019.

3.

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 view of the settlement arrived at between the parties. 4.

The petitioner has brought Rs.12,500/- in cash, which has been given to respondent No.2 in the Court today. 5.

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. 6.

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. 41/2011, under Sections 498-A/406/34 of the IPC, registered at P.S.: Geeta Colony, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 08, 2019/tp