Hukum Chand & ORS v. State NCT Of Delhi & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3262/2018 HUKUM CHAND & ORS .... Petitioners Through:

Mr. Madan Lal and Ms.

Rajshri, Advs. with the petitioners in person versus STATE NCT OF DELHI & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with ASI Mahavir Singh, PS Neb Sarai, New Delhi Mr. Deepak Acharya, Adv. for R-2 with R-2 in person along with her father

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1444/2015 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Neb Sarai, New Delhi and the proceedings emanating therefrom.

2.

Respondent No.2 has filed a fresh affidavit on record. 3.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have amicably settled the matter vide Settlement dated 20.4.2017 before the Mediation Centre, Saket Courts, New Delhi in pursuance whereof, the marriage

between petitioner No.1 and the respondent No.2 has been dissolved vide a decree of divorce dated 6.3.2018.

4.

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. 5.

The petitioners and the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioners have paid the entire amount to the respondent No.2 and nothing is required to be paid to the respondent No.2. Respondent No.2 submitted that in terms of the settlement arrived at between the parties, she has no objection to the petition being allowed and the FIR being quashed.

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.1444/2015 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Neb Sarai, New Delhi and all the consequential proceedings arising out of the FIR are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 19, 2019/rk