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High Court of DelhiCRL.M.C./4871/2019

Shri Deepak & ANR. v. State & ANR.

2019-09-25Hon'Ble Mr. Justice Chander Shekhar2 pages

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4871/2019 & CRL.M.A.36828/2019 SHRI DEEPAK & ANR.

..... Petitioners Through:

Ms. Shubra Mendiratta & Mr.

Rahul Mendiratta, Advocates versus STATE & ANR.

..... Respondents Through:

Mr. Ashok Kumar Garg, APP with SI Pankaj Kumar, PS:Khayala, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 25.09.2019 1.

Issue notice to the respondents. Notice is accepted by the learned APP on behalf of the State and by respondent No.2, who is present in Court.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.171/2010, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Khyala, Delhi and the proceedings emanating therefrom. 3.

The petitioners and their 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 before the learned Metropolitan Magistrate (Mahila Court)-01, West, Tis Hazari Courts, Delhi on 8.1.2015. 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 3.9.2016.

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.171/2010, under Sections 498A/406/34 of the IPC, registered at P.S.: Khyala, Delhi and the proceedings emanating therefrom are quashed.

7.

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

CHANDER SHEKHAR, J SEPTEMBER 25, 2019 tp