Bhawan & ORS. v. State & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5726/2018 BHAWAN & ORS.

.... Petitioners Through :

Mr. M.P. Singh, Advocate.

Petitioners in person.

versus STATE & ANR.

.... Respondents Through : Mr. Kamal Kumar Ghai, APP for State with IO/ASI Sunita, P.S. Jaffar Pur, Delhi.

Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 10.12.2018 1.

Petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No.144/2016 under Sections 498A/406/506/354/34 of the Indian Penal Code, 1860 ('IPC') registered at Police Station Jaffar Pur Kalan, New Delhi and all the consequential proceedings emanating therefrom.

2.

Learned counsel for the petitioners and the respondent No. 2 submitted that the parties have entered into a settlement on their own free will, without any undue pressure, force or coercion, which is evident from the proceedings dated 5.12.2016 before the Learned Metropolitan Magistrate, Mahila Court-01, Dwarka, New Delhi. 3.

Learned counsel for the parties submitted that the marriage between the parties stands dissolved by way of a decree of divorce by mutual consent dated 05.03.2018.

4.

Respondent No. 2 submitted that she has already received a sum of Rs.2.5 lacs and her jewellery articles from the petitioners in terms of order dated 5.12.2016 of the Learned Metropolitan Magistrate, Mahila Court-01, Dwarka, New Delhi. She submitted that in view of the settlement arrived at between the parties, she does not wish to pursue the FIR and the same may be quashed. 5.

Investigating Officer, who is present in the court has identified the petitioners and the respondent No. 2 and also verified the settlement arrived at between the parties.

6.

Learned counsel for the parties submitted that the parties do not want to pursue the present petition and want to live peacefully and harmoniously and in view of the aforesaid, the present petition may be allowed and the FIR may be quashed.

7.

In view of the aforesaid circumstances, the settlement arrived at between the parties, and the fact that the parties want to live happily and peacefully as good citizens, 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, the FIR No. 144/2016 under Sections 498A/406/506/354/34 of the IPC registered at Police Station Jaffar Pur Kalan, New Delhi and all the consequential proceedings emanating therefrom are hereby quashed. 8.

The petition is disposed of in the above terms. CHANDER SHEKHAR, J DECEMBER 10, 2018/J