Raghav Kapoor & ORS v. The State Govt Of NCT Of Delhi & ANR

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1434/2018 & CRL.M.As 9659/2018, 10378/2018 RAGHAV KAPOOR & ORS ..... Petitioners Through:

Mr. R.C. Pathak, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Sonu Kumar, PS:GTB Enclave, Delhi Mr. Rakesh Taneja, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.04.2019 Crl.M.A.5209/2018 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 1434/2018 & CRL.M.As 9659/2018, 10378/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.579/2015, under Sections 406/498A/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: GTB Enclave, Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their

disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 19.8.2017. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 24.1.2018. 3.

Respondent No.2 has filed an affidavit, wherein she has supported the present petition and has no objection to the petition being allowed, in case the petitioner No.1 complies with the terms of the settlement dated 19.8.2017, by paying her the balance amount of Rs.5,00,000/-.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.017534, drawn on Allahabad Bank, for an amount of Rs.5,00,000/-, which has been handed over to the respondent No.2 today in the Court.

5.

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. 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.579/2015, under Sections 406/498A/34 of the IPC, registered at P.S.: GTB Enclave, Delhi

and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms. Pending applications are also dismissed.

CHANDER SHEKHAR, J APRIL 08, 2019 tp