Sh. Amar Bahadur v. State & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5520/2018 SH. AMAR BAHADUR ..... Petitioner Through Mr. Nasimuddin, Adv. with the petitioner in person versus STATE & ANR.

.... Respondents Through Mr. Mukesh Kumar, APP with SI Ranbir Singh in person Mr. Chiranjeev Chauhan, Adv.

for R-2 with 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.207/2010, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Nangloi, Delhi and the proceedings emanating therefrom.

2.

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 Counselling Cell, Family Courts, West, Tis Hazari Courts, Delhi on 29.3.2017, in pursuance whereof, the marriage of the petitioner and the respondent No.2 stands dissolved vide decree of divorce dated

19.4.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that in terms of the settlement arrived at between the parties, she has already withdrawn the petition under the Protection of Women from Domestic Violence Act, 2005 pending before the Trial Court and the copy of the order of the withdrawal of the petition is placed on record. Respondent No.2 further submitted that the petitioner has to pay the balance amount of Rs.1.8 lacs to her in terms of the settlement arrived at between the parties and in case the petitioner makes the payment of the balance amount of Rs.1.8 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioner submitted that the petitioner has brought a demand draft bearing No.35364 dated 3.7.2019 for an amount of Rs.1.8 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioner submitted that in view of the payment of the balance amount to 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.207/2010, under Sections 498-A/406/34 of the IPC, registered at P.S.: Nangloi, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 23, 2019/rk