Rakesh & ORS v. State (Govt Of NCT Of Delhi) & ANR

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4288/2018 & CRL.M.A.5360/2019 RAKESH & ORS .... Petitioners Through:

Petitioners in person with counsel (name not given) versus STATE (GOVT OF NCT OF DELHI) & ANR... Respondents Through:

Mr.Ashish Dutta, APP with SI Subhash Chandra, PS S.P.

Badli, Delhi R-2 in person with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.04.2019 CRL.M.A.5360/2019 (for taking amended petition on record) In view of the cause submitted in the application, the application is allowed and is disposed of accordingly. CRL.M.C. 4288/2018 1.

Amended petition is taken on record.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.20/2016, under Sections 494/495/120-B of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: S.P. Badli, Delhi and the proceedings emanating therefrom.

3.

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 Settlement/Agreement dated 1.5.2018, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 26.11.2018. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have paid the entire amount to her 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.

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. 20/2016, under Sections 494/495/120-B of the IPC, registered at P.S.: S.P. Badli, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 22, 2019/rk