Navil Khan v. State & ANR.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5071/2018 & CRL.M.A. 33511/2018 NAVIL KHAN ..... Petitioner Through:

Mr. Rakesh Khanna and Mr.

Saurabh Khanna, Advs. with the petitioner in person versus STATE & ANR.

.... Respondents Through:

Mr.Ashish Dutta, APP with SI Sachin Pandey, PS Vikaspuri, Delhi Mr. Ashak Bhati, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.05.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.214/2018 dated 30.5.2018, under Sections 498-A/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vikaspuri, Delhi and the proceedings emanating therefrom.

2.

Response by way of affidavit as well as proof of identity has been filed by the respondent No.2 on record. Respondent No.2 has also filed the copy of certificate of divorce on record. 3.

The petitioner 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, Dwarka Courts, New Delhi on 5.9.2018, in pursuance whereof, the marriage of the petitioner and the respondent

No.2 stands dissolved vide certificate of divorce dated 14.10.2018. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has paid the entire amount to her and now nothing is due from the petitioner. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioner 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 petitioner 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.214/2018 dated 30.5.2018, under Sections 498-A/406/34 of the IPC, registered at P.S.: Vikaspuri, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J MAY 13, 2019/rk