Arun Varma & ORS v. The State & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3786/2018 ARUN VARMA & ANR.

..... Petitioners Through:

Mr. Sushil Kumar, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr. Ashok Kumar Garg, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.10.2019 CRL.M.A.9583/2019 In view of the cause submitted, the application is allowed. Ms. Kamlesh Varma is deleted from the array of petitioners.

Application is disposed of.

CRL.M.C.3786/2018 1.

Amended petition along with amended memo of parties stands filed.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0887/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Sagrapur, Delhi and the proceedings emanating therefrom. 3.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on

their own free will, without any force or coercion Delhi Mediation Centre, Tis Hazari Courts, Delhi on 18.11.2017, in terms whereof petitioner No.1 had agreed to pay Rs.34,50,000/- to the respondent No.2. It is further submitted that out of Rs.34,50,000/-, an amount of Rs.23,00,000/- has already been paid to respondent No.2. 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 20.4.2018. 4.

Respondent No.2, who is present in Court with her father, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the balance amount of Rs.11,50,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

5.

Learned counsel for the petitioners submitted that the petitioners have brought three demand draft bearing No.054084, dated 9.10.2019, drawn on Axis Bank, for an amount of Rs.4,00,000/-, No.176522, dated 31.7.2019, drawn on Allahabad Bank, for an amount of Rs.2,50,000/-, No.955549, dated 14.10.2019, drawn on Bank of Baroda, for an amount of Rs.5,00,000/-, which have been handed over to the respondent No.2 today in the Court.

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, 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. 0887/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Sagrapur, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J OCTOBER 23, 2019 tp