Vishnu & ORS. v. State & ANR.
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6246/2018 VISHNU & ORS.
..... Petitioners Through Mr. Praveen Agarwal, Adv.
versus STATE & ANR.
..... Respondents Through Mr. Kamal Kishore Ghai, APP for State with SI Ramesh Kumar, P.S. Sultan Puri
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 12.12.2018 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 497/2013, under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟) registered at P.S.: Sultan Puri, Delhi and the proceedings emanating therefrom. 2.
The petitioners as well as respondent No.2 submitted that matter was settled on their own will, without any force or coercion, before the Mediation Centre, Rohini, District Court, Delhi on 23.11.2017. In pursuance of the Settlement, the marriage between the petitioner No.1 and respondent No.2 stands dissolved by a decree of divorce dated 17.08.2018. Respondent no.2 submitted that in terms of the said Settlement, the petitioners have to pay the balance amount of Rs. 1,25,000/- to her and in case the amount is paid, she has no objection to
the petition being allowed and the FIR being quashed. 3.
Learned counsel for the petitioners have brought a Demand Draft bearing No. 021743 for an amount of Rs. 1,25,000/- which is handed over to the respondent no.2 today in the court.
4.
The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified about the said Settlement.
5.
Respondent no.2 submitted that in view of the payment of the balance amount, the petition may be allowed and the FIR may be quashed.
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. 497/2013, under Sections 498A/406/34 IPC registered at PS: Sultan Puri, Delhi and the proceedings emanating therefrom are quashed.
7.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J DECEMBER 12, 2018 savita