Banish Ahuja & ORS v. State & ANR

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 945/2018 BANISH AHUJA & ORS .... Petitioners Through:

Mr. S.C. Juneja, Adv. with the petitioners in person versus STATE & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with ASI Rajender Singh, PS Tilak Nagar, Delhi Ms. Reena Singh, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.940/2015 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Tilak Nagar (West-District), New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have entered into a Settlement Agreement dated 29.8.2016 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi in pursuance whereof, the marriage between petitioner No.1 and the respondent No.2 has been dissolved vide a decree of divorce dated 1.6.2017. Learned counsel for the

parties submitted that the parties have already withdrawn all the other pending cases between them.

3.

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 arrived at between the parties. 4.

The petitioners and the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioners have to pay the balance amount of Rs.3,50,000/- to the respondent No.2. Respondent No.2 submitted that in case the petitioners make the payment of Rs.3,50,000/- in terms of the settlement arrived at between the parties, she has no objection to the petition being allowed and the FIR being quashed. 5.

Learned counsel for the petitioners submitted that the petitioners have brought a Demand Draft bearing No.335953 dated 12.3.2019 for an amount of Rs.3,50,000/- which has been handed over to the respondent No.2 in the Court today. The parties submitted that in view of the payment of the balance amount as well as in the interest of justice, the aforesaid petition may be allowed. 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. 940/2015 under Sections 498-A/406/34 of the IPC, registered at Police Station Tilak Nagar (West-District), New Delhi and all the

consequential proceedings arising out of the FIR are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 13, 2019/rk