Manish Singhal v. State & ANR.

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6206/2018 & CRL.M.A. 49081/2018 MANISH SINGHAL ..... Petitioner Through:

Mr. Rajeev Aggarwal & Mr.

Ankit Gupta, Advs.

versus STATE & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Jitender, PS K.N. Katju Marg, Delhi Mr. Sushil Jayant, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 07.12.2018 CRL.M.A. 49081/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 6206/2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0198/2014 dated 4.3.2014 under Sections 498-A/406 of the Indian Penal Code, 1860 (IPC), registered with Police Station K.N. Katju Marg, New Delhi and the proceedings emanating therefrom. 2.

The petitioner and respondent No.2 as well as the learned counsel for the parties submitted that the parties have entered into a settlement agreement dated 14.8.2018 in pursuance whereof, their

marriage has been dissolved vide a decree of divorce dated 18.10.2018.

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 the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioner has to pay the balance amount of Rs.2,50,000/- to the respondent No.2. Respondent No.2 submitted that in case the petitioner makes the payment of Rs.2,50,000/- in terms of the settlement arrived at between the parties, she has no objection to the quashing of the FIR and the petition being allowed. 5.

Learned counsel for the petitioner submitted that the petitioner has brought a Demand Draft bearing No.511391 dated 13.11.2018 for an amount of Rs.2,50,000/- which has been handed over to the respondent No.2 in Court today. The parties submitted that in view of the payment of the balance amount as well as in the interest of justice, the aforesaid petition may be allowed so that they can live peacefully. 6.

In view of the aforesaid circumstances, 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.0198/2014 dated 4.3.2014 under Sections 498-A/406 of the IPC, registered at Police Station K.N. Katju Marg, New Delhi and all the consequential

proceedings arising out of the FIR are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 07, 2018/rk