Sh. Manish Patel & ORS. v. State & ANR.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4865/2019 SH. MANISH PATEL & ORS.

..... Petitioners Through:

Mr. Mohsin Qureshi, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Ashok Kumar Garg, APP with WSI Deepika, PS:Swaroop Nagar, Delhi Mr. Suresh Sharma & Mr.

Bhupender Singh, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 25.09.2019 CRL.M.A.36818/2019(for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4865/2019 1.

Issue notice to the respondents. Notice is accepted by the learned APP on behalf of the State and by learned counsel for respondent No.2.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0118/2018, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Swaroop Nagar, Delhi and the proceedings emanating

therefrom.

3.

The petitioners 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 Counselling Cell, Family Courts, Saket, New Delhi on 25.7.2018. 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 20.12.2018. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled and nothing is due and payable to her from the petitioners, she has no objection to the petition being allowed and the FIR being 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.

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.0118/2018, under Sections 498A/406/34 of the IPC, registered at P.S.: Swaroop Nagar, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms. Both the parties are directed to comply with the terms and conditions of the settlement dated 25.7.2018.

CHANDER SHEKHAR, J SEPTEMBER 25, 2019 tp