Sh Dinesh Chaudhary & ORS v. The State Of NCT Of Delhi & ANR

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4118/2017 & CRL.M.A.16512/2017 SH DINESH CHAUDHARY & ORS ..... Petitioners Through:

Mohd. Shahwaz & Mr.Sadaf Naaz, Advocates versus THE STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Sanjeev Sabharwal, APP for the State with ASI Jaiveer Singh PS Karawal Nagar Mr.Farahim Khan, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 10.10.2017 1.

The present petition has been filed by the Petitioners under Section 482 Cr.P.C. for quashing of FIR No.604/2015, under Sections 498A/406/354B/323/342/506/34 IPC registered at P.S. Karawal Nagar, Delhi and the proceedings emanating therefrom against the petitioners. 2.

Briefly stating the facts of the present case are that Respondent No.2 got married to Petitioner No.1 on 8th February, 2015. Due to temperamental and other differences, both the parties are living separately since 15th March, 2015. Respondent No.2 filed a complaint against the Petitioners, on the basis of which FIR in question was registered. 3.

During the pendency of above proceeding, the matter was referred to Mediation Centre, Karkardooma Courts, Delhi where parties arrived at an amicable settlement and copy of the said settlement dated 24th January, 2017 has been placed on record as Annexure-C.

CRL.M.C. 4118/2017

4.

In terms of full and final settlement arrived at between the parties, today learned counsel for the Petitioners have handed over to Respondent No.2 cash amount of `1,00,000/- and a pay order for a sum of `3,00,000/-. 5.

Respondent No.2 is present in person and submits that she has settled the matter with the Petitioners and in terms of said settlement, today she has received a cash amount of `1,00,000/- and pay order for a sum of `3,00,000/- from the Petitioners. Respondent No.2 further submits that she has no objection if the FIR in question is quashed qua the Petitioners. 6.

The FIR registered against the present Petitioners is for committing the offences punishable under Sections 498A/406/354B/323/342/506/34 IPC. Offence punishable under Section 498-A/354B IPC is a noncompoundable offence. 7.

In view of the legal position laid down in Gian Singh v State of Punjab & Anr. 2012 (9) SCALE 257 and amicable settlement arrived at between the parties, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futile and wastage of precious time of the Court.

8.

Accordingly, in terms of the settlement case FIR No.604/2015, under Sections 498A/406/354B/323/342/506/34 IPC registered at P.S. Karawal Nagar, Delhi and consequential proceedings arising therefrom are hereby quashed.

Order dasti, as prayed.

PRATIBHA RANI, J.

OCTOBER 10, 2017/'hkaur'

CRL.M.C. 4118/2017