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High Court of DelhiCRL.M.C./5328/2018

Roobal Kumar Singh & ORS. v. State & ANR.

2019-11-04Hon'Ble Mr. Justice Chander Shekhar2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5328/2018 ROOBAL KUMAR SINGH & ORS.

.....Petitioners Through:

Ms. Jhum Jhum Sarkar, proxy counsel versus STATE & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, APP with ASI Tulli Ram, PS:Badarpur, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 04.11.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.378/2011, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Badarpur, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Counselling Cell, Principal Judge, Family Court, Karkardooma, Shahdara, Delhi, on 21.11.2017, in terms whereof petitioner No.1 had agreed to pay Rs.5,50,000/- to the respondent No.2 3.

It is further submitted that out of Rs.5,50,000/-, an amount of Rs.5,00,000/- has already been paid to respondent

No.2.

4.

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 balance amount of Rs.50,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

5.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.467290, dated 4.11.2019, drawn on State Bank of India, for an amount of Rs.50,000/-, which has been handed over to the respondent No.2 today in the Court.

6.

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 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.378/2011, under Sections 498A/406/34 of the IPC, registered at P.S.: Badarpur, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 04, 2019/tp