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High Court of DelhiCRL.M.C./6471/2018

Atma Ram Chamoli v. The State & ANR

2019-10-17Hon'Ble Mr. Justice Chander Shekhar2 pages

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6471/2018 ATMA RAM CHAMOLI ..... Petitioner Through:

Mr. Vivek Sharma, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP with SI Arun Ahlawat, PS:Anand Vihar, Delhi Mr. Atul Sharma, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.10.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.33/2017, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Anand Vihar, Delhi and the proceedings emanating therefrom. 2.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion. To this effect, respondent No.2 has filed an affidavit. 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 19.1.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable to her from the petitioner and the matter stands settled, she has no objection to the petition being allowed and the FIR being quashed.

4.

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. 5.

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. 33/2017, under Sections 498A/406/34 of the IPC, registered at P.S.: Anand Vihar, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J OCTOBER 17, 2019 tp