Sanjay Tiwari v. State & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6231/2018 & CRL.M.As. 49163-64/2018 SANJAY TIWARI ..... Petitioner Through:

Ms. Vandana Sharma P. and Mr. Amit Mishra, Advs. with petitioner in person versus STATE & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with ASI Aman Kumar, PS CWC/Nanak Pura Mr. Mahmood Alam, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.12.2018 CRL.M.C. 6231/2018 & CRL.M.As. 49163-64/2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.167/2010 under Sections 498-A/406 of the Indian Penal Code, 1860 (IPC), registered with Police Station Nanak Pura, New Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as the learned counsel for the parties submitted that the parties have entered into a settlement agreement dated 25.11.2017 before the Counselling Cell presided over by learned Principal Judge (Central), Tis Hazari Courts,

Delhi in pursuance whereof, their marriage has been dissolved vide a decree of divorce dated 3.7.2018.

3.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 4.

The petitioner and the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioner has to pay an amount of Rs.8,00,000/- out of which, Rs.6,00,000/- have already been paid to respondent No.2 and only a balance amount of Rs.2,00,000/- is required to be paid to the respondent No.2. Respondent No.2 submitted that in case the petitioner makes the balance payment of Rs.2,00,000/- in terms of the settlement arrived at between the parties, she has no objection to the quashing of the FIR and the petition being allowed. 5.

Learned counsel for the petitioner submitted that the petitioner has brought a Demand Draft bearing No.594213 dated 15.12.2018 for an amount of Rs.2,00,000/- which has been handed over to the respondent No.2 in Court. The parties submitted that in view of the payment of the balance amount as well as in the interest of justice, the aforesaid petition may be allowed.

6.

In view of the aforesaid circumstances, 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.167/2010

under Sections 498-A/406 of the IPC, registered at Police Station Nanak Pura, New Delhi and all the consequential proceedings arising out of the FIR are quashed.

7.

Petition is disposed of in above terms. CRL.M.As. 49163 & 49164/2018 also stand disposed of.

CHANDER SHEKHAR, J DECEMBER 17, 2018/rk