Rakesh Kumar & ORS v. State & ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6479/2018 RAKESH KUMAR & ORS ..... Petitioners Through:

Mr.

Mahavir Sharma, Mr.

Kanwarpreet Singh & Ms.

Nikita Aggarwal, Advocates versus STATE & ANR ..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Vineet Kumar, PS:Narela, Delhi Mr. Santosh Kumar, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.911/2016, under Sections 498-A/494/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Narela, Delhi and the proceedings emanating therefrom. 2.

The petitioners 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. It is also submitted that the marriage between the petitioner No.1 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 28.4.2018.

3.

A status report has been filed, wherein it is stated that respondent No.2 has settled the matter with the petitioners for a total consideration of Rs.3,00,000/-.

4.

Respondent No.2, who is present in Court with her father, has reiterated the aforesaid facts and submitted that she has settled the matter with the petitioners and have settled all her claims towards past, present and future alimony, istridhan etc. and has no objection to the petition being allowed and the FIR being quashed. An affidavit of respondent No.2 to this effect has been placed on record. Respondent No.2 further submitted that she has already received a sum of Rs.3,00,000/- from the petitioners and now nothing is due and payable to her from the petitioners.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement.

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. 911/2016, under Sections 498-A/494/34 of the IPC, registered at P.S.: Narela, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in the above terms.

CHANDER SHEKHAR, J APRIL 29, 2019 tp