Manish Kumar & ANR. v. The State (Govt. Of NCT Of Delhi) & ANR.

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3819/2018 MANISH KUMAR & ANR.

.... Petitioners Through Mr. C.M. Grover, Adv. with the petitioners in person versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

.... Respondents Through Mr. Mukesh Kumar, APP with SI Sanjeev Kumar Mr. Ravi Verma, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.11.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.43/2007 dated 9.2.2007, under Sections 498-A/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Gandhi Nagar, Delhi and the proceedings emanating therefrom.

2.

Response by way of affidavit has already been filed by the respondent No.2.

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 before the Delhi Mediation Centre, Karkardooma Court, New Delhi on 5.8.2017.

4.

Petitioner No.1 undertook before this Court that he is ready and

he shall continue to pay a sum of Rs.4,000/- per month as maintenance to the respondent No.2 which shall be directly deposited in the account of respondent No.2 on or before 10th of every month commencing from September, 2017 without failing in future. 5.

Respondent No.2 has reiterated the aforesaid facts and submitted that since the matter stands settled and the petitioner No.1 has agreed to pay a sum of Rs.4,000/- per month as stated above, she has no objection to the petition being allowed and the FIR being quashed.

6.

Learned counsel for the petitioners submitted that in view of the no objection of the respondent No.2, the present petition may be allowed and the FIR may be quashed.

7.

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. 8.

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.43/2007 dated 9.2.2007, under Sections 498-A/406 of the IPC, registered at P.S.: Gandhi Nagar, Delhi and the proceedings emanating therefrom are quashed. The parties shall remain bound by the terms and conditions of the settlement dated 5.8.2017.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 19, 2019/rk