Deepak v. State ( Govt Of NCT Delhi) & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4215/2018 DEEPAK ..... Petitioner Through:

Mr. R.R. Jangu and Ms.Anjana Sharma, Advs. with the petitioner in person versus STATE ( GOVT OF NCT DELHI) & ANR .... Respondents Through:

Mr.Amit Chadha, APP with SI Ramesh Kumar, PS Nihal Vihar, Delhi Mr. Vaibhav Singh, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 09.08.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.257/2010, under Sections 498-A/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Nihal Vihar, Delhi and the proceedings emanating therefrom.

2.

Response by way of affidavit along with the proof of identity stands filed by the respondent No.2.

3.

The petitioner 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 Principal Judge, Family Courts, (West), Tis Hazari Court, Delhi

on 18.3.2015, in pursuance whereof, the marriage of the petitioner and the respondent No.2 stands dissolved vide decree of divorce dated 2.11.2015.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have already paid the entire amount to her and now nothing remains due from the petitioners. Respondent No.2 further submitted that, she has no objection to the petition being allowed and the FIR being quashed. 5.

Learned counsel for the petitioners submitted that in view of the no objection from 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 petitioner 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.257/2010, under Sections 498-A/406 of the IPC, registered at P.S.: Nihal Vihar, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 09, 2019/rk