Neeraj Kumar & ORS. v. State & ANR.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4051/2018 NEERAJ KUMAR & ORS.

..... Petitioners Through:

Mr. Sunil Sharma, Advocate versus STATE & ANR.

..... Respondents Through:

Mr.Ashish Dutta, APP with Inspector Shab Singh, PS:Nand Nagri, Delhi Mr.

Sunil Kumar Pandey, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.05.2019 CRL.M.A.29788/2018 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 4051/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1201/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Nand Nagri, Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion

before the Counselling Cell, Family Court, Karkardooma, Shahdara, Delhi on 12.9.2017, in terms whereof petitioner No.1 had agreed to pay Rs.4,00,000/- to the respondent No.2. It is further submitted that out of Rs.4,00,000/-, an amount of Rs.2,50,000/- 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 26.5.2018.

3.

Respondent No.2, who is present in Court, 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.1,50,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

4.

Learned counsel for the petitioners submitted that the petitioners have brought an FDR bearing No.265163, dated 20.5.2019, drawn on Corporation Bank, for an amount of Rs.1,50,000/- in favour of the son of the petitioner No.1 and respondent No.2, which has been handed over to the respondent No.2 today in the Court.

5.

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. 6.

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. 1201/2015, under Sections 498-A/406/34 of the IPC, registered at P.S.: Nand Nagri, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 23, 2019 tp