Vikas Rajput & ORS v. State Of NCT Of Delhi & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5986/2018 VIKAS RAJPUT & ORS ..... Petitioners Through:

Mr. D.K. Pandey, Adv.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Panna Lal Sharma, APP with Insp. O.P. Mandal, PS Ranjit Nagar, Delhi Mr. O.P. Bharti Goswami, Adv.

for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.12.2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India, 1950 for quashing of FIR No.0243/2016 under Sections 498-A/406/34 of the Indian Penal Code, 1860, registered at Police Station Ranjit Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as their respective counsel submitted that a settlement dated 7.10.2016 has been arrived at between the parties before the Mediation Centre, Tis Hazari Courts, Delhi in pursuance whereof the marriage between the petitioner No.1 and respondent No.2 stands dissolved by way of a decree of divorce dated 27.8.2018 by mutual consent of the parties, copy whereof has been placed on record. Learned counsel for the petitioners submitted

that in terms of the settlement, nothing is payable in between the parties and the present petition may be allowed. 3.

Respondent No.2, present in the Court, reiterated the aforesaid facts and submitted that the settlement dated 7.10.2016 was arrived at between the parties on their own free will, without force or coercion and she has received all the payments in terms of the settlement and now nothing is due from the petitioners to her and she is having no objection to the petition being allowed and the quashing of the FIR 4.

The Inspector, who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified about the settlement.

5.

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.0243/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860, registered at Police Station Ranjit Nagar, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 05, 2018/rk