Narender Kumar v. The State & ORS

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5079/2018 NARENDER KUMAR ..... Petitioner Through Mr. R.B Sharma,Advocate.

versus THE STATE & ORS .... Respondents Through Mr. Panna Lal Sharma,APP with SI Ranbir Singh, PS Saket, Delhi.

Mr. Athar Alam, Ms. Bhavana Thareja, Ms. Sumbul Athar And Mr. Azhar Alam, Advs for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.350/2012, under Sections 406-A/498-A of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Saket, Delhi and the proceedings emanating therefrom. 2.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi High Court Mediation and Conciliation Centre, Delhi on 03.03.2014, in terms whereof petitioner had agreed to pay Rs.3,25,000/- to the respondent No.2. It is further submitted that the entire settlement amount has already been paid to respondent No.2. It is also submitted that the marriage

between the petitioner 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 06.2.2015.

3.

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 in case the petitioners pay the amount of Rs.5,000/- to her, which is required to be paid in terms of the order dated 14.11.2018 passed in Bail Appln. No.2402/2013, copy of the same has been placed on record today in the Court. 4.

The petitioner has paid a sum of Rs.5,000/- in cash to the respondent No.2 in the Court today in terms of the order dated 14.11.2018. Learned counsel for the petitioner submitted that in view of the payment of Rs.5,000/- from the petitioner to the respondent No.2 and the settlement between the parties, the present petition may be allowed and the aforesaid FIR may be quashed.

5.

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. 6.

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.350/2012, under Sections 406-A/498-A of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Saket, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 29, 2019