Prasanna Ghag & ORS v. State & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1928/2018 & CRL.M.A. 6859/2018 PRASANNA GHAG & ORS .... Petitioners Through:

Ms. Shreya Pandey, Adv. with the petitioners in person versus STATE & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Arvind Kumar, PS Gulabi Bagh, Delhi Mr. Nitin Mittal, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 10.04.2019 1.

The petitioner Nos.2 to 5 have executed Special Power of Attorneys in favour of the petitioner No.1.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.227/2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Gulabi Bagh, New Delhi and the proceedings emanating therefrom.

3.

The petitioner No.1 and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Family Courts, Mumbai at Bandra vide Consent Terms for mutual

consent divorce dated 19.7.2017, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 25.5.2018.

4.

Respondent No.2 has filed an affidavit on record stating therein about the execution of the Consent Terms for mutual consent divorce. Respondent No.2, on the query of the Court, has reiterated the aforesaid facts and submitted that the petitioners have paid the entire amount to her and now nothing remains due from the petitioners in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner No.1 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. 227/2014, under Sections 498-A/406/34 of the IPC, registered at P.S.: Gulabi Bagh, New Delhi and the proceedings emanating therefrom are quashed.

7.

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

Dasti.

CHANDER SHEKHAR, J APRIL 10, 2019/rk