CRL.M.C./1894/2019 of NAND LAL SHARMA & ORS. Vs STATE & ANR.
Parties
- + CRL.M.C. 1894/2019 NAND LAL SHARMA & ORS (PETITIONER)
- STATE & ANR (RESPONDENT)
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IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 1894/2019 NAND LAL SHARMA & ORS. ..... Petitioners NAND LAL SHARMA & ORS. ..... Petitioners
Through: Mr. Sunil Yadav, Advocate
versus
STATE & ANR. ..... Respondents Through: Mr.Ashish Dutta, APP with ASI Balwant Singh, PS:CWC, Nanakpura, Delhi Through: Mr.Ashish Dutta, APP with ASI Balwant Singh, PS:CWC, Nanakpura, Delhi
CORAM:HON'BLE MR. JUSTICE CHANDER SHEKHAR O R R% 11.07.2019
CRL.M.A.7523/2019
Allowed, subject to all just exceptions. The application is disposed of.
CRL.M.C. 1894/2019
1. Affidavit on behalf of respondent No.2 has been filed.
2. The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0186/2016, under Sections 498-A/406/506/34 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Crime (Women) Cell, Nanak Pura, Delhi and the proceedings emanating therefrom.
3. The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on
their own free will, without any force or coercion, as is evident from the proceedings dated 20.11.2018. 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 decree of divorce of even date.
4. 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 petitioners, she has no objection to the petition being allowed and the FIR being quashed.
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 arrived at between the parties.
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. 0186/2016, under Sections 498-A/406/506/34 of the IPC, registered at P.S.: Crime (Women) Cell, Nanak Pura, Delhi and the proceedings emanating therefrom are quashed.
7. Petition is disposed of in above terms.
JULY 11, 2019/tp
CHANDER SHEKHAR, J