Anil Kumar Jha & ORS v. State ( NCT Of Delhi) & ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4260/2018 & CRL.M.A. 30554/2018 ANIL KUMAR JHA & ORS ..... Petitioners Through: Mr. Karamchand Jha, Advocate alongwith petitioners in person.

Versus

STATE (NCT OF DELHI) & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Yadram Yadav, P.S. Moti Nagar Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.03.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 479/2015, registered under Sections 498A/406/34 IPC at Police Station Moti Nagar, Delhi on the ground of a settlement having been arrived at between petitioner no.1 and respondent no. 2.

2.

The present FIR is an outcome of matrimonial disputes between petitioner no.1 (husband) and respondent no.2 (wife). 3.

Learned APP for the State submits that the charge-sheet has been filed against the present petitioners and respondent no.2 is the only complainant/victim in the present case.

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement on 23.02.2017 before Delhi Mediation Centre, Tis Hazari Courts, Delhi. In terms of the settlement amount of Rs.1,00,000/- by way of demand draft bearing No. 011306 dated 02.03.2020 drawn on IDBI

Bank has been handed over to respondent No. 2, towards the balance settled amount, which has been duly received and accepted by her. In terms of the aforesaid settlement, respondent No.2 is, now, left with no claim or grievance against the petitioners.

5.

The petitioners who are present in person, are identified by their counsel and the Investigating Officer. Respondent no.2 who is present in person, is identified by the Investigating Officer. 6.

Respondent no. 2, present in person, states that she has entered into the settlement with the petitioners out of her own free will, volition and without any undue force, pressure or coercion. She further states that she has received the entire settled amount from the petitioners and she has no objection if the present FIR and all subsequent proceedings arising therefrom are quashed.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed.

10.

With the above directions, the petition is disposed of alongwith pending application.

11.

DASTI.

MANOJ KUMAR OHRI, J MARCH 04, 2020/p'ma