Rahul Kumar Rawal & ORS. v. The State Of Delhi & ANR.

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3657/2018 & Crl.M.A.37489/2019 RAHUL KUMAR RAWAL & ORS.

.... Petitioners Through Mr. Avadh Pratap Singh and Mr.Shivam Sharma, Advs. with the petitioners in person versus THE STATE OF DELHI & ANR.

.... Respondents Through Mr. Ashok Kumar Garg, APP with SI Devendra Singh Ms. Sucheta Kumari, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 01.10.2019 CRL.M.A.37489/2019 In view of the cause submitted in the application, Mr. Omvir Singh has been deleted from the array of the petitioners and the amended memo of parties is taken on record.

CRL.M.C. 3657/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.290/2017, under Sections 498-A/354/406/506/34 of the Indian Penal Code, 1860 („IPC‟) and Section 4 of the Dowry Prohibition Act, 1961 („DP Act‟), registered at P.S.: Jafrabad, Delhi and the proceedings emanating therefrom.

2.

Status report/verification report stands filed. 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 vide Agreement-cum-Settlement Deed dated 7.7.2017, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 18.5.2018. 4.

Respondent No.2 reiterated the aforesaid facts and submitted that she has no objection in case the present petition is allowed and the aforesaid FIR is quashed, however, after quashing of the aforesaid FIR, the respondent No.2 is entitled for a sum of Rs.5.5 lacs which is lying deposited with the Court of Principal Judge, Family Courts, Karkardooma, Delhi.

5.

Learned counsel for the petitioners submitted that the petitioners have no objection in case the respondent No.2 moves an application before the Court of Principal Judge, Family Courts, Karkardooma, Delhi for the release of aforesaid amount in her favour and if the same is released in her favour by the Family Court after the quashing of the aforesaid FIR.

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.290/2017, under Sections 498-A/354/406/506/34 of the IPC and Section 4 of the DP Act, registered at P.S.: Jafrabad, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J OCTOBER 01, 2019/rk