Dharmender Singh Yadav v. State (NCT Of Delhi) & ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6072/2018 DHARMENDER SINGH YADAV ..... Petitioner Through:

Counsel (name not given) versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Manju Chahar, PS:Dwarka (North), Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.04.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0222/2016, under Sections 498-A/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Dwarka North, Delhi and the proceedings emanating therefrom. 2.

The petitioner as well as his counsel and respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Counselling Cell, Family Court, Dwarka, Delhi on 15.3.2018, in terms whereof the petitioner had agreed to pay Rs.11,00,000/- to the respondent No.2. It is further submitted that out of Rs.11,00,000/-, an amount of Rs.7,50,000/- has already been paid to the respondent No.2. It is also submitted that the marriage between the petitioner and respondent No.2

has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 20.7.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioner pays the balance amount of Rs.3,50,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

4.

Learned counsel for the petitioner submitted that the petitioner has brought two demand drafts bearing No.158213, drawn on Bank of India, for an amount of Rs.2,00,000/- and No.315441, drawn on Canara Bank, for an amount of Rs.1,50,000/-which have been handed over to the respondent No.2 today in the Court.

5.

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. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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. 0222/2016, under Sections 498-A/406 of the IPC, registered at P.S.: Dwarka North, Delhi and the proceedings emanating

therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 15, 2019 tp