Nitin Agarwal vs State & Anr.
2019 Latest Caselaw 6744 Del

$~42
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              Date of decision: December 23, 2019
+    CRL.M.C. 6621/2019 and CRL.M.A. 43214/2019
     NITIN AGARWAL                           ..... Petitioner
                     Through    Mr. Tarun Goombar, Mr. S.S.
                                Ahluwalia, Mr. Gaurav Goswami,
                                Mr. Pankj Mendiratta and Ms.
                                Preeti Goswami, Advocates
                                alongwith petitioner in person

                          versus
      STATE & ANR.                                 ..... Respondents
                          Through      Mr. Tarang Srivastava, APP for the
                                       State with ASI Sunil Dutt, P.S.:
                                       South Rohini
                                       Mr. Jatin Kumar, Advocate for
                                       Respondent no.2/Complainant
CORAM:
   HON'BLE MR. JUSTICE BRIJESH SETHI
                          JUDGMENT

BRIJESH SETHI, J (oral) The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 877/2005, under Sections 406/498A/34 of the Indian Penal Code, 1860, registered at P.S.: Rohini and the proceedings emanating therefrom.

The Investigating Officer, who is present in Court, has identified the petitioner as well as respondent no.2.

The petitioner and respondent no.2 have submitted that they have settled their disputes before this Court vide order dated 20.11.2019. The

parties have already obtained divorce by mutual consent on 12.12.2019. The settlement amount was Rs. 30,00,000/-, out of which Rs. 10,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 10,00,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 10,00,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has been placed on record.

Respondent no.2 reiterates the aforesaid facts and submits that they have amicably settled their dispute without any pressure or coercion from any source whatsoever. Respondent no.2 has further submitted that she has no objection if the FIR is quashed and the petition is allowed. Respondent no.2 stated that she does not want to pursue the matter.

In view of the above 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. 877/2005, under Sections 406/498A/34of the IPC, registered at P.S.: Rohini and the proceedings emanating therefrom are quashed.

Petition alongwith pending application stands disposed of accordingly.

(BRIJESH SETHI) JUDGE DECEMBER 23, 2019 savita