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High Court of DelhiCRL.M.C./2732/2018

Amit Taneja v. State & ORS

2019-03-29Hon'Ble Mr. Justice Chander Shekhar2 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2732/2018 AMIT TANEJA & ORS.

..... Petitioners Through:

Mr. Nishant Sharma, Advocate versus STATE & ORS ..... Respondents Through:

Mr. Panna Lal Sharma, APP with ASI Ranvir Singh, PS:CWC, Nanakpura, New Delhi Mr. Harsh Hardy, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.117/2017, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Crime (Women) Cell, Nanakpura, 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 Mediation Centre, Dwarka Courts, Delhi, on 3.10.2017. 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 21.4.2018. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the parties have settled their disputes, she has no objection to the petition being allowed and the FIR being quashed. An affidavit in this regard has been filed by respondent No.2, in terms whereof she has received the final payment of Rs.75,000/- through a demand draft.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2. 5.

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. 117/2017, under Sections 498-A/406/34 of the IPC, registered at P.S.: Crime (Women) Cell, Nanakpura, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 29, 2019 tp