Ankur Bharti & ORS v. State (NCT Of Delhi) ORS
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2619/2018 & CRL.M.As. 9290-9291/2018 & 11801/2019 ANKUR BHARTI & ORS .... Petitioners Through Ms. Deepika Raghav, Adv. for P-1 to 3 with P-1 to 3 in person Mr. Amit Joshi, Ms.Prabhjot Kaur Joshi and Ms.Rachna Sharma, Advs. for P-4 & 5 with P-4 & 5 in person versus STATE (NCT OF DELHI) & ANR .... Respondents Through Mr. Mukesh Kumar, APP with ASI Prem Ram Arya Mr. B.P. Sharma and Mr.Sanjeev Kumar, Advs. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 02.12.2019 CRL.M.A. 9290/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.
CRL.M.A. 11801/2019 (for transposing respondent Nos.3 & 4 as petitioner Nos.4 and 5) In view of the cause submitted in the application, the application is allowed and the respondent Nos.3 and 4 are transposed as petitioner Nos.4 and 5 in the present petition. Application stands
disposed of.
CRL.M.A. 9291/2019 Learned counsel for the petitioners submitted that she is not pressing the present application. Accordingly, the present application is dismissed as not pressed.
CRL.M.C. 2619/2018 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.534/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Hari Nagar, Delhi and the proceedings emanating therefrom.
2.
Previous cost of Rs.5,000/- is paid by the petitioners to the respondent No.2 in the Court today.
3.
The petitioners 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 Mediation Centre, Tis Hazari Courts, Delhi on 7.11.2016, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 6.9.2017.
4.
Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.1 lac to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case
the petitioners make the payment of the balance amount of Rs.1 lac to her, she has no objection to the petition being allowed and the FIR being quashed.
5.
Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.504849 dated 17.9.2019 for an amount of Rs.1 lac which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be quashed.
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 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.534/2016, under Sections 498-A/406/34 of the IPC, registered at P.S.: Hari Nagar, Delhi and the proceedings emanating therefrom are quashed.
8.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J DECEMBER 02, 2019/rk