Ajit Kumar @ Shiv Kumar & ORS v. State & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 877/2020 AJIT KUMAR @ SHIV KUMAR & ORS ..... Petitioners Through:

Mr. Dheeraj Pandey and Mr. Dinesh Khatri, Advs. with petitioners in person.

versus STATE & ANR ..... Respondents Through:

Dr. M.P. Singh, APP for State with SI Sonu, P.S. Seemapuri.

Mr. Bharat Bhushan, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 25.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 249/2018 under Sections 498A/406/34 IPC registered at P.S. Seemapuri on the ground of a settlement having been arrived at between petitioner no.1 and respondent no. 2.

2.

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

3.

Learned counsel for the petitioners submits that petitioner no.1 and respondent no.2 have settled their disputes before the Counselling Cell, Family Court, Shahdara, Delhi on 01.02.2019. A copy of the same is annexed with the petition. It is submitted that in terms of the settlement, the marriage between petitioner no.1 and respondent no.2 has been dissolved by a decree of divorce by mutual consent passed by the Family Court, Shahdara

District, Delhi on 23.07.2019.

4.

The petitioners and respondent no.2 are present in person and have been identified by their respective counsels as well as the Investigating Officer. In terms of the settlement, petitioner no.1 has handed over a demand draft of Rs.75,000/- to respondent no.2 in Court today towards the balance settled amount. Copy of the demand draft has been placed on record. 5.

Respondent no. 2 states that she has entered into the settlement with petitioner no.1 out of her own free will, volition and without any undue force, pressure or coercion. She further states that she has no objection if the present FIR and the consequent proceedings are quashed against petitioner no.1 and his family members i.e., petitioner nos. 2 to 7. 6.

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

7.

The parties shall remain bound by their statements made in Court today.

8.

In view of the settlement arrived at between the parties voluntarily and the fact that the marriage between petitioner no.1 and respondent no.2 has already been dissolved, in my view, no useful purpose will be served in keeping them entangled in the present criminal proceedings. Accordingly, in the interest of justice, the aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed.

9.

With the above directions, the petition is disposed of. Miscellaneous application is disposed of as infructuous.

MANOJ KUMAR OHRI, J FEBRUARY 25, 2020 ga