Anil Kumar & ORS. v. State & ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5964/2018 & CRL.M.A. 48139/2018 ANIL KUMAR & ORS.

.... Petitioners Through:

Mr. Anil Mishra, Adv.

versus STATE & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Sumit, PS Aman Vihar Mr. B.P. Arya and Mr. C.P.

Tomar, Advs. for R-2 with R-2 along with her brother in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 28.11.2018 CRL.M.A. 48139/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 5964/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.22/2017 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered with Police Station Aman Vihar, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsels for the parties submitted that the matter has been settled between the parties before the Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement Deed dated 18.11.2017.

3.

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. 4.

The petitioners and the respondent No.2 along with her brother, present in the Court, stated that the settlement was arrived at between the parties on their own, without any force, pressure or coercion, in terms whereof the payments have already been made and the marriage between the petitioner No.1 and the respondent No.2 stands dissolved by decree of divorce dated 10.05.2018 by the Judge Family Court (North-West), Rohini, Delhi. Respondent No.2 along with her brother submitted that all the payments in terms of the settlement deed dated 18.11.2017 has been made by the petitioners to her and nothing is due from the petitioners. Respondent No.2 further submitted that she has no objection to the quashing of the FIR and the petition being allowed. 5.

In view of the aforesaid circumstances, 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.22/2017 under Sections 498-A/406/34 IPC, registered at Police Station Aman Vihar, New Delhi and all the consequential proceedings arising out of the FIR are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 28, 2018/rk