Ronik Kumar & ORS v. State & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5463/2019 RONIK KUMAR & ORS ..... Petitioners Through: Mr. Nadeem Khan, Advocate versus STATE & ANR ..... Respondents Through: Ms. Neelam Sharma, APP for State with ASI Krishan Kumar Mr. Abhay Kr. Mishra, Advocate for R2

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.01.2020 CRL.M.A. 38985/2019 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 5463/2019 1.

The present proceedings are instituted seeking quashing of FIR No.157/2017 under Sections 498A/406/34 IPC registered at P.S. Mayur Vihar Ph-I, Delhi on the ground that the parties have settled their disputes. 2.

Learned APP for the State submits that the charge-sheet in the present case has been filed under the aforesaid sections against the present petitioners and respondent No.2 is the only complainant/victim. 3.

Learned counsels for the parties submit that the parties have entered into a settlement before Delhi Mediation Centre, Karkardooma Courts, Delhi on 04.09.2018. A copy of the settlement agreement is annexed as AnnexureP2 with the petition. In terms of the settlement, petitioners have handed over CRL.M.C. 5463/2019

a demand draft of Rs.1,00,000/- bearing no. 437455 dated 07.01.2020 drawn on Punjab National Bank to respondent No. 2 in Court today. The parties have already obtained a decree of divorce by mutual consent passed by the Family Court, East District, Karkardooma Courts, Delhi on 14.03.2019. In terms of the settlement, respondent no.2 is now left with no claim whatsoever against the petitioners.

4.

The petitioners and respondent No. 2 are present in person and have been identified by their respective counsels and the Investigating Officer. 5.

Respondent No. 2, who is present in Court, states that she has entered into the settlement agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

6.

The parties are bound by the statements made in Court today. 7.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

8.

In view of the above facts and since the disputes are matrimonial in nature which have been amicably settled, no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. 9.

With the above directions, the petition is disposed of. 10.

Order dasti to the learned counsels for the parties. MANOJ KUMAR OHRI, J JANUARY 09, 2019 na CRL.M.C. 5463/2019