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High Court of DelhiCRL.M.C./4934/2018

Vijay Kumar Naru v. The State & ANR ( NCT Of Delhi)

2019-07-22Hon'Ble Mr. Justice Chander Shekhar2 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4934/2018 VIJAY KUMAR NARU ..... Petitioner Through:

Mr. Navin Gupta, Advocate versus THE STATE & ANR (NCT OF DELHI) ..... Respondent Through:

Mr. Raghuvender Verma, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.156/2008, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom.

2.

The petitioner and his counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Counselling Cell, Family Courts, Dwarka Court, Delhi on 23.11.2017. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 2.7.2018. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been

settled, she has no objection to the petition being allowed and the FIR being quashed. In this regard, an affidavit has been filed by respondent No.2 4.

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. 5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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. 156/2008, under Sections 498-A/406/34 of the IPC, registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom are quashed. It is directed that the parties shall remain bound by the terms and conditions of the Settlement.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 22, 2019 tp