← Library
High Court of DelhiCRL.M.C./2708/2018

Arvind Arya & ORS. v. State (NCT Of Delhi ) & ANR.

2019-09-04Hon'Ble Mr. Justice Chander Shekhar2 pages

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2708/2018 ARVIND ARYA & ORS.

..... Petitioners Through:

Mr. Vivek Sharma, Advocate.

versus STATE (NCT OF DELHI ) & ANR.

..... Respondents Through:

Mr. Raghuvinder Verma, APP for the State with SI Uma Singh, PS Gulabi Bagh.

Ms. Prerna Choudhary, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 04.09.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.125/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Gulabi Bagh, 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 Lok Adalat, Central District, Family Courts, Tis Hazari, Delhi on 09.04.2016.

3.

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 17.07.2017. 4.

The petitioners have paid a sum of Rs.5,000/- to respondent No.2 towards travel expenses.

5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has already received the entire amount and since nothing is due and payable to her from the petitioners, she has no objection to the petition being allowed and the FIR being quashed. Affidavit of respondent No.2 in this regard is already on record.

6.

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. 7.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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. 125/2015, under Sections 498-A/406/34 of the IPC, registered at P.S.: Gulabi Bagh, Delhi and the proceedings emanating therefrom are quashed.

8.

The petition is disposed of in the above terms. CHANDER SHEKHAR, J.

SEPTEMBER 04, 2019 'AA'