Rajesh Chopra & ORS v. The State ( NCT Of Delhi) & ANR

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5447/2018 & Crl.M.A.35041/2018 RAJESH CHOPRA & ORS ..... Petitioners Through:

Mr. Amit Bhalla, Advocate versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Jag Roshan, PS:Lodhi Colony, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.10.2018 The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.69/2016, under Sections 498-A/406/34 IPC, P.S. Lodhi Colony, New Delhi.

Respondent No.2 is present in Court, who is identified by the I.O. as well as by her counsel. Respondent No.2 submitted that a settlement has been arrived at between the parties before the Mediation Centre at Saket Courts, New Delhi of 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. Learned counsel for the petitioner submitted that petitioner No.1 was married with respondent No.2 on 25.4.2012 according to Hindu rites and ceremonies at Kalkaji, New Delhi. One female child was born out of this wedlock on 5.2.2013. Petitioner No.1 and respondent No.2 are living separately due to differences in their temperament and attitude since July 2015. Thereafter, respondent No.2 filed a complaint against the petitioner before the CAW Well, South-East District, Delhi. On the basis of the said complaint, the aforesaid FIR was registered on 20.3.2016 and a chargesheet was filed which is pending trial before the learned MM, Saket Courts, New Delhi. Thereafter, the matter was referred to the Mediation Centre, Saket Courts, New Delhi, where the parties have settled the matter vide Settlement dated 13.11.2017 and the parties have been granted divorce under Section 13B(2) of the Hindu Marriage Act, 1955 on 1.9.2018.

Today, the petitioner has brought a cheque, bearing No.017427 dated 26.10.2018 for a sum of Rs.1,50,000/-,which has been handed over to respondent No.2.

In view of settlement arrived at between 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.69/2016, under Sections 498-

A/406/34 IPC, P.S. Lodhi Colony, New Delhi and the proceedings emanating therefrom are quashed.

Petition is disposed of in above terms. Crl.M.A. 35041/2018 is also disposed of.

CHANDER SHEKHAR, J OCTOBER 29, 2018 tp