Chanchal Tyagi v. State & ANR.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4995/2019 & Crl.M.A.37300/2019 CHANCHAL TYAGI ..... Petitioner Through Mr. Mohit Mathur, Sr. Adv.

with Mr.Rahul Tyagi, Adv. and petitioner in person versus STATE & ANR.

.... Respondents Through Mr. Raghuvinder Verma, APP with SI Kishor Prasad R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.11.2019 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.310/2009, under Section 435 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: C.R. Park, Delhi and the proceedings emanating therefrom.

4.

The petitioner and respondent No.2 as well as 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 Mediation Centre, Saket Courts, New Delhi on 2.4.2019. 5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, he

has no objection to the petition being allowed and the FIR being quashed.

6.

The first motion filed by the parties under Section 13B(1) of the Hindu Marriage Act, 1955 has already been accepted by the Family Court, South East, Saket, New Delhi vide order dated 30.4.2019 in terms of the settlement.

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.

8.

In view of the aforesaid circumstances, 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.310/2009, under Section 435 of the IPC, registered at P.S.: C.R. Park, Delhi and the proceedings emanating therefrom are quashed. The parties shall remain bound by the terms and conditions of the aforesaid settlement dated 2.4.2019.

9.

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

CHANDER SHEKHAR, J NOVEMBER 18, 2019/rk