Bijendra Singh & ORS. v. State & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5998/2018 BIJENDRA SINGH & ORS.

.... Petitioners Through:

Mr. Raj Kumar, Adv. with the petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr. Kamal Kumar Ghei, APP with ASI Gyan Chand, PS CWC Nanakpura, Delhi Mr. M.I. Siddiqui, Adv. for R-2 & 3 with R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 12.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0071/2016 dated 11.05.2016, under Sections 498-A/406/354/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Crime (Women) Cell, Nanakpura, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent Nos.2 and 3 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement dated 11.7.2018, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 9.10.2018. 3.

Respondent Nos.2 and 3, who are present in Court, have reiterated the aforesaid facts and submitted that the petitioners have to

pay the balance amount of Rs.2 lacs to them in terms of the settlement arrived at between the parties. Respondent Nos.2 and 3 further submitted that in case the petitioners make the payment of balance amount of Rs.2 lacs to them, they have no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.774444 dated 9.4.2019 for an amount of Rs.2 lacs which has been handed over to the respondent Nos.2 and 3 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent Nos.2 and 3, the present petition may be allowed and the FIR may be quashed.

5.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as the respondent Nos.2 and 3 and has also verified the settlement arrived at between the parties. 6.

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. 0071/2016 dated 11.05.2016, under Sections 498-A/406/354/34 of the IPC, registered at P.S.: Crime (Women) Cell, Nanakpura, New Delhi, New Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 12, 2019/rk