Dinesh Kumar & ORS v. State Of NCT Of Delhi & ANR

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5198/2018 DINESH KUMAR & ORS ..... Petitioners Through: Ms. Marina K. Saikia, Advocate alongwith petitioners in person

Versus

STATE OF NCT OF DELHI & ANR ..... Respondents Through: Dr. M.P. Singh, APP for State with ASI Sushil Kumar, P.S. Gokulpuri Mr. Kapil Garg, Advocate alongwith respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.01.2020 1.

The present proceedings are instituted seeking quashing of FIR No.217/2016 under Sections 498A/406/34 IPC registered at Police Station Gokul Puri, Delhi on the ground that the parties have settled their disputes. 2.

Learned APP for the State submits that the charge-sheet in the present case has not been filed and respondent No. 2 is the only complainant/victim. 3.

Learned counsel for the petitioner submits that the cost of Rs.10,000/- imposed vide order dated 21.10.2019 has been paid. 4.

Learned counsels for the parties submit that they have entered into a settlement on 01.05.2018. A copy of the same is annexed with the petition as Annexure P-2. In terms of the settlement, petitioner No. 1 and respondent no.2 have decided to part their ways inasmuch as their marriage has been dissolved by a decree of mutual consent passed by the Family Court, North East District on 10.08.2018. In terms of the settlement, remaining amount of CRL.M.C. 5198/2018

Rs.50,000/- has been handed over in Court today to respondent No. 2 by way of a demand draft bearing No. 450121 dated 28.01.2020 drawn on Indian Bank. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

5.

Petitioners and respondent No. 2, who are present in person, have been identified by the Investigating Officer. 6.

Respondent No.2, who is present in Court, states that she has entered into the settlement agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

7.

The parties are bound by the statements made in Court today. 8.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

9.

In view of the above facts and since the disputes are matrimonial in nature which have been amicably settled, no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. 10.

With the above directions, the petition is disposed of. 11.

Order dasti to the learned counsels for the parties. MANOJ KUMAR OHRI, J JANUARY 31, 2020/p'ma CRL.M.C. 5198/2018