Pankaj Sardana & ORS v. State & ANR.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5128/2018 PANKAJ SARDANA & ORS .... Petitioners Through Mr. Sumit Kr. Khatri, Adv.

with the petitioners in person versus STATE & ANR.

.... Respondents Through Mr.Amit Chadha, APP with SI Pankaj Sardana and ASI Virendra Prakash, PS Gandhi Nagar, Delhi Mr. Rahul Kumar and Mr.Parv Passi, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 30.08.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.22/2016 dated 11.1.2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Gandhi Nagar, Delhi and the proceedings emanating therefrom. 2.

Certified copy of the settlement filed 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 Delhi Mediation Centre, Karkardooma Courts, Delhi on 21.4.2018, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 6.9.2018.

4.

Learned counsel for the petitioners submitted that the petitioners have brought certain jewellery items and the same have been handed over to the respondent No.2 in the Court today. 5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have already paid the entire amount to her and she has also received the jewellery items from the petitioners and now nothing remains due from the petitioners. Respondent No.2 further submitted that, she has no objection to the petition being allowed and the FIR being quashed. 6.

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.

7.

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. 8.

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.22/2016 dated 11.1.2016, under Sections 498-A/406/34 of the IPC, registered at P.S.: Gandhi Nagar, Delhi and the proceedings

emanating therefrom are quashed.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 30, 2019/rk