Kusum Saini v. State (Govt Of NCT Of Delhi) & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4201/2018 KUSUM SAINI ..... Petitioner Through Ms. Kaushal Chauhan, Adv.

with the petitioner in person versus STATE (GOVT OF NCT OF DELHI) & ANR .... Respondents Through Mr.Amit Chadha, APP with SI Sachin Mr. Rahul Singhal, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.09.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.619/2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Subhash Place, Delhi and the proceedings emanating therefrom.

2.

Fresh affidavit stands filed by the petitioner as well as by the respondent No.2.

3.

The petitioner 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, Rohini District Courts, Delhi on 10.7.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has already paid a

sum of Rs.2 lacs to her and handed over the jewellery articles to her. She further submitted that now the petitioner has to pay her the balance amount of Rs.7.10 lacs to her which shall be paid at the time of withdrawal of petition bearing CC No.12044/2015 filed by the respondent No.2 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed. 5.

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

6.

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. 7.

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.619/2014, under Sections 498-A/406/34 of the IPC, registered at P.S.: Subhash Place, Delhi and the proceedings emanating therefrom are quashed. Parties shall remain bound by the terms of the settlement dated 10.7.2018.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 26, 2019/rk