Pranav Kumar & ORS v. The State ( NCT Of Delhi) & ANR

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3106/2018 PRANAV KUMAR & ORS ..... Petitioners Through:

Mr.

S.S.

Das, Advocate with petitioners in person.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP for State with W/ASI Roshni Sharma.

Mr. Vikas Jain and Mr. Manjit Singh, Advs. for R-2 with R-2 in person.

Ms. Geeta Luthra, Sr. Advocate with Mr. Altamish Siddiki, Advs. for Intervenor.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 81/2016 under Sections 498A/406/377/34 IPC registered at P.S. CAW Cell, Nanakpura on the ground of a settlement having been arrived at between petitioner no.1 and respondent no. 2.

2.

The present FIR is an outcome of matrimonial disputes between petitioner no.1 (husband) and respondent no.2 (wife). 3.

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.

4.

Learned counsel for the petitioners submits that petitioner no.1 and respondent no.2 have settled their disputes before the Counselling Cell, Family Court, Saket, New Delhi on 17.12.2016. 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, South East, Saket, New Delhi on 23.08.2017.

5.

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

6.

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 5. 7.

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

8.

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

9.

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, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed.

10.

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

Crl. M.A. 7023/2019 (For Impleadment by Applicant-Amit Meharia) 1.

Reply filed and a copy whereof has been handed over to the applicant.

Learned senior counsel for the applicant-Amit Meharia states that respondent no.2/complainant has also filed an FIR against the present applicant.

2.

Since the issue involved in the present application is not the subject matter of the present petition, therefore, no order is required to be passed in the present application and the same is dismissed. 3.

A copy of the order be dasti to the counsels for the parties. MANOJ KUMAR OHRI, J FEBRUARY 24, 2020 ga