Girish Chandra Tiwari & ANR. v. State & ANR.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5793/2018 GIRISH CHANDRA TIWARI & ANR.

.... Petitioners Through:

Mr. Shashank A. Singh, Adv.

with the petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with ASI Devender Kumar, PS Uttam Nagar, Delhi Ms. Meena Jha, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.304/2010, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Uttam Nagar, Delhi and the proceedings emanating therefrom.

2.

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 vide Settlement Agreement dated 30.11.2015 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 20.9.2016.

3.

Respondent No.2, who is present in Court, has reiterated the

aforesaid facts and submitted that she has received the entire settlement amount and now nothing remains due from the petitioners. Respondent No.2 further submitted that since the parties have settled their disputes, she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned APP for the State submitted that the charge was framed by the Trial Court only against the petitioner No.1 and the remaining accused persons were kept in Column No.12 and the charge was not framed against them by the Trial Court.

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.304/2010, under Sections 498-A/406/34 of the IPC, registered at P.S.: Uttam Nagar, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 29, 2019/rk