Mohit Mehra & ANR. v. State ( NCT Of Delhi ) & ANR

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6510/2018 & CRL.M.A. 50233/2018 MOHIT MEHRA & ANR.

.... Petitioners Through:

Mr.Sanjay Mishra and Mr.Geetesh Meena, Advs.

versus STATE (NCT OF DELHI) & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Rajendra Dhaka, PS Rajouri Garden, Delhi Mr. J.K. Bhola, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.12.2018 CRL.M.A. 50233/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 6510/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 read with Article 226/227 of the Constitution of India for quashing of FIR No.0429/2017 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered with Police Station Rajouri Garden, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2, who is present along with her mother, as well as their respective counsel submitted that the parties have entered into a settlement agreement dated 22.9.2018 in pursuance whereof, their marriage has been dissolved vide a decree of divorce dated 29.11.2018.

3.

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 arrived at between the parties. 4.

The petitioners 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 petitioners have to pay the balance amount of Rs.3,00,000/- to the respondent No.2. Respondent No.2 submitted that in case the petitioners make the payment of Rs.3,00,000/- 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 petitioners submitted that the petitioners have brought a Demand Draft bearing No.066730 dated 7.12.2018 for an amount of Rs.3,00,000/- which has been handed over to the respondent No.2 in Court. 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.

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.0429/2017 under Sections 498-A/406/34 of the IPC, registered at Police Station Rajouri Garden, 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 19, 2018/rk