Deepak Arora & ORS. v. State & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5428/2018 DEEPAK ARORA & ORS.

.... Petitioners Through:

Mr. Tushar Pahwa, Adv.

versus STATE & ANR.

.... Respondents Through:

Mr. Panna Lal Sharma, APP with ASI Brijeshwar Dayal, PS Jagat Puri Mr. Vinod Pal, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 01.11.2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.32/2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered with Police Station Jagat Puri, Delhi and the proceedings emanating therefrom.

2.

Learned counsel for the parties submitted that a settlement was effected between the parties before the Counselling Cell, Karkardooma Courts, Delhi vide settlement deed dated 24.3.2018. The petitioner No.1 and respondent No.2 have already been granted divorce in terms of settlement arrived at between the parties and the part payments have already been made by the petitioners to the respondent No.2.

3.

Learned counsel for the petitioners submitted that in terms of the settlement arrived at between the parties, they are ready to pay the balance amount of Rs.4,10,000/- today in the Court. 4.

Learned counsel for the respondent No.2 as well as Investigation Officer (I.O.) present in the Court have identified the petitioners as well as the respondent No.2.

5.

Respondent No.2 present in the Court submitted that compromise has been effected between her and the petitioner on her own free will without any pressure, force or coercion. She further submitted that the present petition may be allowed and the aforesaid FIR as well as the proceedings emanating therefrom may be quashed. 6.

The petitioner No.1 has handed over a demand draft bearing No.325976 dated 30.10.2018 for a sum of Rs.4,10,000/- to the respondent No.2. Learned counsel for the parties submitted that in view of the settlement arrived at between the parties as well as payment of Rs.4,10,000/- made by the petitioner No.1 to the respondent No.2, the aforesaid FIR as well as the proceedings emanating therefrom may be quashed.

7.

In view of the aforesaid facts, the settlement effected between the parties before the Counselling Cell, Karkardooma Courts, Delhi and the divorce already stands granted to the parties, 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.32 /2014, under Sections 498-A/406/34 of the IPC, registered with Police Station Jagat Puri, Delhi and the proceedings

emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 01, 2018 rk