Shri Mohinder Singh Kapoola v. State ( NCT Of Delhi) & ANR

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4838/2018 SHRI MOHINDER SINGH KAPOOLA ..... Petitioner Through Mr. Chander Shekhar Chaudhary and Mr. Pushotam Singh, Advs. with the petitioner in person versus STATE (NCT OF DELHI) & ANR .... Respondents Through Mr. Mukesh Kumar, APP with SI Ramesh Kumar Mr. Tapashwar Vats, proxy counsel for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.09.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.787/2014 dated 8.12.2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Nihal Vihar, New Delhi and the proceedings emanating therefrom. 2.

Response by way of affidavit as well as proof of identity stands filed by the respondent No.2.

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 as is

also evident from the joint statement recorded before the Principal Judge, Family Courts, Tis Hazari Courts, Delhi on 29.1.2018, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 29.1.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has to pay the balance amount of Rs.2.5 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.2.5 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.869981 dated 5.8.2019 for an amount of Rs.2.5 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to 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.787/2014 dated 8.12.2014, under Sections 498-A/406/34 of the IPC, registered at P.S.: Nihal Vihar, New Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 13, 2019/rk