Sonu v. State & ANR.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6079/2018 & CRL.M.A. 48556/2018 SONU ..... Petitioner Through: Mr. Amit Vashisth, Adv. with petitioner in person versus STATE & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Vipin Kumar, PS Kalyanpuri Mr. Anshul Garg, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.12.2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.239/2013 under Sections 498-A/406/34 of the Indian Penal Code, 1860, registered at Police Station Kalyanpuri, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have entered into a settlement dated 9.6.2017 before the Delhi Mediation Centre, Karkardooma Courts, Delhi, in terms whereof divorce has been granted to the petitioner and respondent No.2 and the marriage stands dissolved by a decree of divorce dated 23.3.2018, copy whereof has been placed on record. 3.

Learned counsel for the petitioner submitted that in terms of the settlement between the parties, the petitioner has already paid a sum

of Rs.30,000/- and a balance sum of Rs.10,000/- is required to be paid by the petitioner to respondent No.2, which the petitioner is ready and willing to pay.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and the IO has also verified about the Settlement/Compromise. 5.

Respondent No.2, who is present along with her counsel, submitted that the settlement has been arrived at between the parties on their own free will, without any force, pressure or coercion. Respondent No.2 further submitted that in case payment of Rs.10,000/- is made to her, she would have no objection to the petition being allowed and the quashing of the FIR. 6.

The petitioner has made a payment of Rs.10,000/- to the respondent No.2 in cash.

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.239/2013, under Sections 498-A/406/34 of the Indian Penal Code, 1860, registered at Police Station Kalyanpuri, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 03, 2018/rk