Abhijeet Adhikary v. The State Govt Of NCT Of Delhi & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 873/2018 & Crl.M.A.8241/2018 ABHIJEET ADHIKARY & ANR ..... Petitioners Through Mr. Abhishek Sarkar and Ms.Srestha Dutta, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR .... Respondents Through Mr. Ashok Kumar Garg, APP with ASI Lovkesh Kumar Ms. Padma Priya and Mr.Daryl M., Advs. (legal aid) for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 02.12.2019 CRL.M.A. 8241/2018 (for impleadment) In view of the cause submitted in the application, the application is allowed and Ms.Krishna Adhikary is impleaded as petitioner No.2 in the present petition. Amended memo of parties is taken on record. Application stands disposed of. CRL.M.C. 873/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.472/2016 dated 1.7.2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Keshav Puram,

North West District, Delhi and the proceedings emanating therefrom. 2.

Response by way of affidavit stands filed by the respondent No.2.

3.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Principal Judge, Family Court, Central, Delhi on 9.5.2017, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 8.2.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have already paid the entire settlement amount to her and now nothing remains due from the petitioners. Respondent No.2 further submitted that, she has no objection to the petition being allowed and the FIR being quashed. 5.

Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

6.

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. 7.

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.472/2016 dated 1.7.2016, under Sections 498-A/406/34 of the IPC, registered at P.S.: Keshav Puram, North West District, Delhi and the proceedings emanating therefrom are quashed. 8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 02, 2019/rk