Yogesh Kumar v. State & ORS.

$~8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5533/2018 & CRL.M.A. 35347/2018 YOGESH KUMAR ..... Petitioner Through:

Mr. R. B. Sharma, Adv. with petitioner in person versus STATE & ORS.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Anil Kumar, PS Civil Lines Mr. S. Mishra, Mr. Bhanu Mohan and Mr. Gaurav Khulbe, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 31.10.2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.101/2011, under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered with Police Station Civil Lines, Delhi, on the ground that the parties have settled the matter before the Delhi Mediation Centre, Tis Hazari Courts, Delhi and the divorce has already been granted by the concerned Court to the parties. 2.

Learned counsel for the petitioner further submitted that only a sum of Rs.1,50,000/- is required to be paid to the respondents in terms of the aforesaid settlement arrived at between the parties. Learned

counsel for the respondent No.2 as well as Investigation Officer (I.O.) present in the Court have identified the petitioner as well as the respondent No.2 and submitted that they have satisfied themselves that the respondent No.2 has entered into a settlement with the petitioner.

3.

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. 4.

The petitioner has handed over a demand draft bearing No.229445 dated 4.10.2018 for the amount of Rs.1,50,000/- to the respondent No.2 in the Court.

5.

In view of the aforesaid facts, the settlement effected between the parties before the Delhi Mediation Centre, Tis Hazari 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.101/2011, under Sections 498-A/406/34 of the IPC, registered with Police Station Civil Lines, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms. Crl.M.A. 35347/2018 is also disposed of.

CHANDER SHEKHAR, J OCTOBER 31, 2018/rk