Sh. Kamal Dhawan v. State & ANR.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5265/2018 SH. KAMAL DHAWAN ..... Petitioner Through Mr. Vineet Chadha and Mr.

Ajay Kumar, Advs. with the petitioner in person versus STATE & ANR.

.... Respondents Through Mr. Raghuvinder Verma, APP with SI Prakashvir in person R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.08.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.130/2015, under Sections 356/379/411 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Rajinder Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as learned counsel for the petitioner submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Mediation Centre, Tis Hazari Courts, Delhi on 3.8.2013, in pursuance whereof, the marriage of the petitioner and the respondent No.2 stands dissolved vide decree of divorce dated 5.4.2014.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has already paid the entire amount to her and now nothing remains due from the petitioner. Respondent No.2 further submitted that, she has no objection to the petition being allowed and the FIR being quashed. 4.

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.

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 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.130/2015, under Sections 356/379/411 of the IPC, registered at P.S.: Rajinder Nagar, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 23, 2019/rk