Abhimanyu Singh & ORS. v. The State & ANR.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4353/2018 ABHIMANYU SINGH & ORS.

.... Petitioners Through:

Mr. Abhimanyu Singh, Mr.

R.P. Singh and Ms. Madhu Singh, Advs. with the petitioners in person versus THE STATE & ANR.

.... Respondents Through:

Mr.Ashish Dutta, APP with SI Kailash Chand, PS Sagarpur, New Delhi Mr. Sarvesh Kumar Saxena, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0578/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Sagarpur, Delhi and the proceedings emanating therefrom.

2.

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 vide a Settlement deed dated 6.6.2017, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 18.12.2017.

3.

Respondent No.2 has filed her affidavit on record stating therein that she has settled all her disputes, claims and differences fully and finally with the petitioners vide a Settlement/Compromise Deed dated 6.6.2017 in sound disposing mind, without any pressure, coercion or duress of any quarter whatsoever and nothing is due and payable from the petitioners. It is further stated in the affidavit by the respondent No.2 that she has no objection to the petition being allowed and the FIR being quashed.

4.

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.

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 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. 0578/2015, under Sections 498-A/406/34 of the IPC, registered at P.S.: Sagarpur, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 24, 2019/rk