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High Court of DelhiCRL.M.C./4245/2018

Sumit Goel v. State & ANR.

2019-12-17Hon'Ble Mr. Justice Chander Shekhar2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4245/2018 SUMIT GOEL ..... Petitioner Through:

Mr. Alok Tripathi, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Amit Chaddha, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.12.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.53/2015, under Sections 498-A/406/506/109/376 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: IGI Airport, Delhi and the proceedings emanating therefrom. It is also pertinent to mention here that after the investigation the chargesheet was filed under section 498-A & 406 of the IPC. The learned trial court has also taken cognizance for the offence under section 498-A & 406 of the IPC.

2.

The petitioner and his 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 vide Memorandum of Understanding-cum-Family Settlement dated 14.2.2018. . It is also submitted that the marriage between the petitioner and respondent No.2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree

and judgment dated 20.8.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable to her from the petitioner, she has no objection to the petition being allowed and the FIR being quashed. 4.

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. 5.

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. 53/2015, under Sections 498-A/406/506/109/376 of the IPC, registered at P.S.: IGI Airport, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 17, 2019 tp