Budh Raj Sharma & ORS. v. State & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5565/2018 BUDH RAJ SHARMA & ORS.

.... Petitioners Through:

Mr. Praveen Kumar, Adv. with the petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with ASI Bal Kishan, PS New Ashok Nagar, New Delhi Mr. Santosh Kumar and Mr.

Raj Kumar, Advs. for R-2 with the R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.497/2013, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: New Ashok Nagar, New Delhi and the proceedings emanating therefrom.

2.

Status report has been filed by the State. Response by way of affidavit as well as proof of identity has been filed by the respondent No.2.

3.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion before

the Delhi Mediation Centre, Karkardooma Courts, Delhi, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 31.8.2015. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has received the entire amount and now nothing remains due from the petitioners. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed.

5.

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. 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. 497/2013, under Sections 498-A/406/34 of the IPC, registered at P.S.: New Ashok Nagar, New Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 11, 2019/rk