Sumit Saluja & ORS v. State (Govt Of NCT Of Delhi) & ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2435/2018 SUMIT SALUJA & ORS .... Petitioners Through:

Mr. Aashish Gumber, Adv.

with the petitioners in person versus STATE (GOVT OF NCT OF DELHI) & ANR ... Respondents Through:

Mr.Panna Lal Sharma, APP with ASI Lal Chand, PS Punjabi Bagh, Delhi Ms. Vidhya Gudwony and Ms.

Jamika Mohan, Advs. for R-2 with the R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.42/2014 dated 22.1.2014 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Punjabi Bagh, New Delhi and the proceedings emanating therefrom. 2.

Respondent No.2 has filed a fresh affidavit on record. 3.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have amicably settled the matter with the help of their respective counsel. It is also submitted that the marriage between petitioner No.1 and the

respondent No.2 has been dissolved vide a decree of divorce dated 8.11.2017.

4.

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. 5.

The petitioners and the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioners have to pay the balance amount of Rs.2,00,000/- to the respondent No.2. Respondent No.2 submitted that in case the petitioners make the payment of Rs.2,00,000/- in terms of the settlement arrived at between the parties, she has no objection to the petition being allowed and the FIR being quashed. 6.

Learned counsel for the petitioners submitted that the petitioners have brought a Demand Draft bearing No.500647 dated 18.3.2019 for an amount of Rs.2,00,000/- which has been handed over to the respondent No.2 in the Court today. The parties submitted that in view of the payment of the balance amount as well as in the interest of justice, the aforesaid petition may be allowed. 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. 42/2014 dated 22.1.2014 under Sections 498-A/406/34 of the IPC, registered at Police Station Punjabi Bagh, New Delhi and all the

consequential proceedings arising out of the FIR are quashed. 8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 18, 2019/rk