Varun Ahuja v. State & ANR.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5806/2018 VARUN AHUJA ..... Petitioner Through:

Mr. J.B. Mudgil and Ms. Uma Shankar, Advs. with the petitioner in person versus STATE & ANR.

.... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Abhishekh Kumar, PS Amar Colony, Delhi Mr. Rajeev Singh, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.05.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.492/2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Amar Colony, New Delhi and the proceedings emanating therefrom.

2.

Response by way of affidavit as well as proof of identity stands filed by the respondent No.2.

3.

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 vide a Compromise Deed dated 2.8.2018, in pursuance whereof, the

marriage of the petitioner and the respondent No.2 stands dissolved vide decree of divorce dated 9.10.2018.

4.

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.2 lacs 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 the balance amount of Rs.2 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioner submitted that the petitioner has brought a demand draft bearing No.513821 dated 12.4.2019 for an amount of Rs.2 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioner 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.

6.

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. 7.

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.492/2014, under Sections 498-A/406/34 of IPC, registered at P.S.: Amar Colony, New Delhi and the proceedings emanating therefrom

are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 22, 2019/rk