Sindhi @ Sharif v. State (Govt Of NCT Of Delhi) & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6077/2018 SINDHI @ SHARIF ..... Petitioner Through:

Ms. Richa Dhawan, Advocate versus STATE (GOVT OF NCT OF DELHI) & ANR..... Respondents Through:

Mr. Kamal Kumar Ghai, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.12.2018 CRL.M.C. 6077/2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.103/2013 under Section 498-A of the Indian Penal Code, 1860 (IPC), registered with Police Station Mangolpuri, Delhi and the proceedings emanating therefrom. 2.

The petitioner and respondent No.2 as well as learned counsel for the petitioner submitted that the parties have settled their disputes on their own free will, without any force, pressure or coercion, vide Settlement Agreement dated 7.5.2018 before the Mediation Centre, Rohini District Courts, Delhi. 3.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties.

4.

The petitioner and respondent No.2 submitted that in terms of clause 3 of the settlement arrived at between the parties, the custody of the minor child shall remain with the complainant, Smt. Patto and the petitioner or his family members shall not claim the custody/visitation right of the child in future from any courts of law or otherwise. The statements of petitioner and respondent No.2 are taken on record. It is also directed that the parties shall remain bound by the terms and conditions of the Settlement Agreement dated 7.5.2018. 5.

In view of the aforesaid circumstances and the Settlement Agreement 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.103/2013 under Section 498-A of the Indian Penal Code, 1860 (IPC), registered with Police Station Mangolpuri, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

Dasti.

CHANDER SHEKHAR, J DECEMBER 11, 2018/tp