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High Court of DelhiCRL.M.C./5561/2018

Sh. Kushal Kumar & ORS. v. State & ANR.

2018-10-31Hon'Ble Mr. Justice Chander Shekhar2 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5561/2018 & Crl.M.A. 35435-36/2018 SH. KUSHAL KUMAR & ORS.

..... Petitioners Through:

Mr. Shanu Raina, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with ASI Vijay Kumar Mr. A.S. Rawal, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 31.10.2018 1.

This is a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.470/2013 and the subsequent proceedings emanating therefrom, registered at PS:Seelampur, Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860.

2.

Learned counsel for the parties submitted that a settlement was effected between the parties on 1.2.2017, in lieu whereof certain payments have already been made by the petitioner No.1 to the respondent No.2 and the petitioner No.1 and the respondent No.2 have been granted divorce under Section 13B of the Hindu Marriage Act, 1955.

3.

Respondent No.2, present in Court, is identified by the Investigating Officer, who stated that he has verified that

respondent No.2 has entered into a settlement with the petitioners on her own free will, without any force, pressure or coercion.

4.

Respondent No.2 submitted that the present petition may be allowed and the aforesaid FIR may be quashed, as the balance amount of Rs.2,00,000/- has been received by her by way of two demand drafts of Rs.1,00,000/- each, drawn on HDFC Bank, Mansarover Garden, Delhi in the Court today. 5.

In view of the settlement arrived at between the parties, as well as the fact that the divorce has already been taken by them and the balance payment also received by respondent No.2, this Court is of the view that no fruitful purpose would be served in keeping them entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.470/2013, registered at PS:Seelampur, Delhi and the subsequent proceedings emanating therefrom are quashed.

5.

Petition is disposed of in above terms. All the pending applications are also disposed of.

CHANDER SHEKHAR, J OCTOBER 31, 2018/tp