CRL.M.C./4719/2018 of ANSHUL PARMAR & ORS. Vs THE STATE (NCT OF DELHI) & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 4719/2018

ANSHUL PARMAR & ORS.

.... Petitioners

Through: Mr. Sameer Chandra and Mr. Mukul Bhimani, Advs.

versus

THE STATE (NCT OF DELHI) & ANR.

.... Respondents Through: Mr.Ashish Dutta, APP with SI Rajender Singh, PS Malviya Nagar, Delhi

Mr. Atul Agarwal and Mr. Sujeet Singh, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR O R R% 03.05.2019

1. The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0367/2012, under Sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Malviya Nagar, New Delhi and the proceedings emanating therefrom.

2. 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 by joint statement before the Metropolitan Magistrate-03, Mahila Court (South Distt.), Saket, Delhi on 17.4.2018, in pursuance whereof, the

marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 11.9.2018.

3. 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.1 lac 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.1 lac to her, she has no objection to the petition being allowed and the FIR being quashed.

4. Learned counsel for the petitioners submitted that the petitioners have brought demand draft bearing No.315628 dated 20.4.2019 for an amount of Rs.1 lac 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.

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 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. 0367/2012, under Sections 498-A/406/34 of the IPC, registered at P.S.: Malviya Nagar, New Delhi and the proceedings emanating

therefrom are quashed.

7. Petition is disposed of in above terms.

MAY 03, 2019/rk

CHANDER SHEKHAR, J