Anil Patel & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5791/2018 ANIL PATEL & ORS ..... Petitioners Through:

Mr. Dharanjay Puri, Mr. M.P.

Singh & Mr. Amit Kumar, Advocates versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with ASI Jitender Singh, PS:Vasant Kunj (South)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.04.2019 1.

Status report filed.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.538/2016, under Sections 498A/406//34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vasant Kunj (South), Delhi and the proceedings emanating therefrom. 3.

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 vide settlement before the Counselling Cell, Family Courts, Patiala House, New Delhi dated 16.2.2017. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has

been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 4.7.2018.

3.

Respondent No.2, on the query of the Court, submitted that since the matter stands settled between the parties, she does not want to continue with the criminal proceedings against the petitioners.

4.

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. 5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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. 538/2016, under Sections 498A/406/34 of the IPC, registered at P.S.: Vasant Kunj (South), Delhi and the proceedings emanating therefrom are quashed. The parties shall remain bound by the terms and conditions of the settlement. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 08, 2019 tp