Diwakar Gupta v. State & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2233/2018 DIWAKAR GUPTA ..... Petitioner Through:

Counsel (name not given) versus STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP with ASI Balwant Singh, PS:CWC, Nanakpura, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 30.09.2019 CRL.M.A.7912/2018(for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C.2233/2018 & CRL.M.A.7913/2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0176/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: CWC, Delhi and the proceedings emanating therefrom.

2.

The petitioner and his counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Mediation Cell, Delhi High Court Legal Services Committee,

on 15.9.2017. It is also submitted that the marriage between the petitioner 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 27.03.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled and nothing is due and payable to her from the petitioner, she has no objection to the petition being allowed and the FIR being quashed.

4.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement.

5.

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.0176/2016, under Sections 498A/406/34 of the IPC, registered at P.S.: CWC, Delhi and the proceedings emanating therefrom are quashed.

6.

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

CHANDER SHEKHAR, J SEPTEMBER 30, 2019 tp