Raman Kapoor & ORS v. State (Govt Of NCT Of Delhi) & ANR

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6076/2018 RAMAN KAPOOR & ORS .... Petitioners Through:

Mr. Suresh Kumar Vij, Adv.

with petitioners in person versus STATE (GOVT OF NCT OF DELHI) & ANR ... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Pankaj Saroha, PS Nangloi, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.12.2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.380/2014 under Sections 498-A/406/34 of the Indian Penal Code, 1860, registered at Police Station Nangloi, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have entered into a settlement dated 13.3.2018 before the Additional Principal Judge (West), Tis Hazari Courts, Delhi (Counselling Cell), in terms whereof divorce has been granted to the petitioner No.1 and respondent No.2 and the marriage stands dissolved by a decree of divorce dated 22.9.2018, copy whereof has been placed on record.

3.

Learned counsel for the petitioners submitted that in terms of the settlement between the parties, the petitioners have to pay a

balance sum of Rs.75,000/- to respondent No.2, which the petitioner No.1 is ready and willing to pay.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and the IO has also verified about the Settlement/Compromise. 5.

Respondent No.2, who is present along with her counsel, submitted that the settlement has been arrived at between the parties on their own free will, without any force, pressure or coercion. Respondent No.2 further submitted that in case payment of Rs.75,000/- is made to her, she would have no objection to the petition being allowed and the quashing of the FIR. 6.

The petitioner No.1 has handed over a demand draft bearing No.136671 dated 26.11.2018 for an amount of Rs.75,000/- to the respondent No.2.

7.

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.380/2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860, registered at Police Station Nangloi, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 03, 2018/rk