Shakti Prabhat & ORS. v. State & ANR.
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5247/2018 & CRL.M.A.34195-96/2018 SHAKTI PRABHAT & ORS.
..... Petitioners Through:
Dr. M.K. Gahlaut, Advocate versus STATE & ANR.
..... Respondents Through:
Mr. Raghuvinder Verma, APP with SI Manoj Kumar, PS:Sarai Rohilla, Delhi Mr. Amit Sharma, Advocate for respondent No.2
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 26.08.2019 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1506/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Sarai Rohilla, Delhi and the proceedings emanating therefrom. 2.
Fresh affidavits on behalf of the petitioners as well as the respondent No.2 filed.
3.
The petitioners 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 Mediation Centre, Tis Hazari Courts, Delhi on 2.6.2018. 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 30.8.2018. 4.
Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable to her from the petitioners, she has no objection to the petition being allowed and the FIR being quashed. 5.
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.
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. 1506/2015, under Sections 498-A/406/34 of the IPC, registered at P.S.: Sarai Rohilla, Delhi and the proceedings emanating therefrom are quashed. The parties shall remain bound by the terms and conditions of the settlement between the parties as well as the affidavits filed.
7.
Petition is disposed of in above terms. Pending applications are also disposed of.
CHANDER SHEKHAR, J AUGUST 26, 2019 tp