Arun Kumar & ANR v. The State Govt Of NCT Of Delhi & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1418/2018 & CRL.M.A. 50443/2018 ARUN KUMAR & ANR .... Petitioners Through:

Mr. Rajeev Saxena and Mr.Rachit Sahney, Advs. with the petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ANR .... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Prem Kumar, PS Mehrauli, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 09.08.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.622/2002, under Sections 498-A/406/325/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Mehrauli, Delhi and the proceedings emanating therefrom.

2.

Status report filed.

3.

Learned APP for the State submitted that the petitioner No.2, Mr. P.N. Kumar expired on 7.7.2018. Copy of the Death Certificate is already on record.

4.

Amended memo of parties stands filed.

5.

Respondent No.2 has filed her affidavit on record. 6.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Understanding dated 21.2.2017 and the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 21.1.2014.

7.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled and nothing remains due from the petitioners, she has no objection to the petition being allowed and the FIR being quashed. 8.

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.

9.

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 as well as the death of the petitioner No.2.

10.

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.622/2002, under Sections 498-A/406/325/34 of the IPC, registered at P.S.: Mehrauli, Delhi and the proceedings emanating therefrom are quashed.

11.

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

CHANDER SHEKHAR, J AUGUST 09, 2019/rk