CRL.M.C./1992/2019 of ANIL KUMAR Vs STATE & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 1992/2019 & Crl.M.As.7880/2019 & 32807-08/2019 32807-08/2019

ANIL KUMAR & ORS ..... Petitioners

Through Mr. Jasbir Bidhuri and Mr.Shashwat Sharma, Advs. Mr.Shashwat Sharma, Advs.

versus

STATE & ANR .... Respondents Through Mr. Raghuvinder Verma, APP Mr. Giriraj Singh, Adv. for R-2 Through Mr. Raghuvinder Verma, APP Mr. Giriraj Singh, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R R% 30.09.2019

CRL.M.A. 32807/2019 (for impleadment)

In view of the cause submitted in the application, the other four co-accused are impleaded as petitioner Nos.2 to 5. Application stands disposed of.

CRL.M.A. 32808/2019 (for condonation of delay)

In view of the cause submitted in the application, the delay in filing the application for impleadment is condoned. Application stands disposed of.

CRL.M.C. 1992/2019 & Crl.M.A.7880/2019

1. Amended memo of parties stands filed.

2. Status report also stands filed.

3. The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0028/2018, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Hazarat Nizamuddin, Delhi and the proceedings emanating therefrom.

4. The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Counselling Cell, Family Court, Saket (South East), New Delhi on 26.7.2018, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 10.1.2019.

5. Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.2 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.2 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

6. Learned counsel for the petitioners submitted that the petitioners have brought demand draft bearing No.411764 dated 6.8.2019 for an amount of Rs.2 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed

and the FIR may be quashed.

The Investigating Officer („IO‟), who is present in Court, has

7. 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.

8. In view of the aforesaid circumstances and 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.0028/2018, under Sections 498-A/406/34 of the IPC, registered at P.S.: Hazarat Nizamuddin, Delhi and the proceedings emanating therefrom are quashed.

9. Petition is disposed of in above terms. Pending application is also disposed of.

SEPTEMBER 30, 2019/rk

CHANDER SHEKHAR, J