Mr. Chandra Prakash Singh Rawat v. The State (Govt. Of N.C.T. Delhi)

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4099/2018 MR. CHANDRA PRAKASH SINGH RAWAT ..... Petitioner Through:

Mr. Dalvinder Singh and Mr.

Rajat Vadehra, Advs. with the petitioner in person versus THE STATE (GOVT. OF N.C.T. DELHI) & ANR.

...Respondents

Through:

Mr.Ashish Dutta, APP with ASI Anita, PS Dwarka South, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.610/2016, under Section 498-A of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Dwarka South, Delhi and the proceedings emanating therefrom.

2.

Copy of the divorce deed dated 21.6.2018 has been filed on record.

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 vide a Memorandum of Understanding dated 16.7.2018, in pursuance

whereof, the marriage of the petitioner and the respondent No.2 stands dissolved vide decree of divorce dated 21.6.2018. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has to pay the balance amount of Rs.2 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioner makes the payment of the balance amount of Rs.2 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioner submitted that the petitioner have brought a demand draft bearing No.405439 dated 29.6.2019 for an amount of Rs.2 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioner 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 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.610/2016, under Section 498-A of the IPC, registered at P.S.: Dwarka South, Delhi and the proceedings emanating therefrom are

quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 05, 2019/rk