Shri Saurabh Mathur v. State & ANR

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5587/2018 SHRI SAURABH MATHUR ..... Petitioner Through:

Mr. Pankaj Kumar, Adv. with the petitioner in person versus STATE & ANR .... Respondents Through:

Mr.Ashish Dutta, APP with AsI Anil Pandey, PS Madhu Vihar, Delhi R-2 in person with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.04.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.863/2013, under Sections 498-A/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Madhu Vihar, 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 settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 22.7.2017 in pursuance whereof, the marriage between the respondent No.2 and the petitioner stands dissolved vide decree of divorce dated 1.3.2018. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has to pay the balance amount of Rs.1 lac to her in terms of the settlement arrived at between

the parties. Respondent No.2 further submitted that in case the petitioner makes the payment of balance amount of Rs.1 lac to her, she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioner submitted that the petitioner has brought a demand draft bearing No.002099 dated 10.4.2019 for an amount of Rs.1 lac which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioner further submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be quashed.

5.

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. 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.863/2013, under Sections 498-A/406 of the IPC, registered at P.S.: Madhu Vihar, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 11, 2019/rk