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High Court of DelhiCRL.M.C./4285/2018

Kali Shankar & Others v. The State & ANR.

2019-04-22Hon'Ble Mr. Justice Chander Shekhar2 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4285/2018 KALI SHANKAR & OTHERS .... Petitioners Through:

Mr. R.C. Tiwari and Ms.

Suman Sharma, Advs. with petitioners in person versus THE STATE & ANR.

.... Respondents Through;

Mr.Panna Lal Sharma, APP with SI Manoj Kumar, PS Amar Colony, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.669/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Amar Colony, District South East, New Delhi and the proceedings emanating therefrom. 2.

Respondent No.2 has filed her affidavit as well as her proof of identity on record.

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 before the Mediation Centre, Saket Courts, New Delhi on 25.3.2017, in

pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 16.3.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners 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 petitioners 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.669/2015, under Sections 498-A/406/34 of the IPC, registered at P.S.: Amar Colony, District South East, New Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 22, 2019/rk