Shri Krishan Mohan & ORS. v. State & ANR.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6226/2018 SHRI KRISHAN MOHAN & ORS.

.... Petitioners Through:

Mr. Manish Kumar Pathak, Advocate versus STATE & ANR.

.... Respondents Through:

Ms. Aasha Tiwari, APP with SI Sandeep Kumar, PS:Maurya Enclave, Delhi Ms.Anjali, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 07.12.2018 CRL.M.A. 49151/2018 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 6226/2018 1.

The petitioners have moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0087/2018, under Sections 498-A/406/34 of the Indian Penal Code, 1860, registered at PS:Maurya Enclave, North-West District, Delhi and the proceedings emanating therefrom.

2.

Petitioners as well as respondent No.2 are present in Court along with their respective counsel and submitted that the parties have arrived at a settlement before the Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement/Agreement dated 18.06.2018, in terms whereof the marriage between the petitioner No.1 and respondent No.2 stands dissolved by way of a decree of divorce by mutual consent dated 14.11.2018.

3.

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

4.

Respondent No.2 submitted that the settlement has been arrived at between the parties on their own free will, without any force, pressure or coercion. She further submitted that she is yet to receive the balance payment of Rs.1,00,000/- and in case the said payment is made by the petitioner No.1, she has no objection to the petition being allowed and the quashing of the FIR.

5.

The petitioners stated to have brought in Court a demand draft for a sum of Rs.1,00,000/-, bearing No.001227, dated 17.11.2018, drawn on Axis Bank, which has been handed over to the respondent No.2 in Court today.

6.

Respondent No.2 submitted that in view of the handing over of the aforesaid demand draft, the FIR may be quashed

and the petition may be allowed.

7.

In view of the aforesaid circumstances, the settlement arrived at between the parties, the payment of Rs.1,00,000/- received today in Court by respondent No.2 by way of a demand draft and divorce between petitioner No.1 and respondent No.2, 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. .0087/2018, under Sections 498-A/406/34 of the Indian Penal Code, 1860, registered at PS:Maurya Enclave, North-West District, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 07, 2018 tp