Mahender Singh & Ors. vs State & Anr.
2019 Latest Caselaw 5698 Del

$~28
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of decision: November 18, 2019

+      W.P.(CRL) 3193/2019 and CRL.M.A. 40353/2019
       MAHENDER SINGH & ORS.                     ..... Petitioners
                    Through: Mr. Saifi Ahmad, Advocate
                    Versus
       STATE & ANR.                          ..... Respondents
                    Through: Mr. Sanjay Lao, Additional
                             Standing Counsel with Mr.
                             Karanjeet Sharma, Advocate for
                             Respondent No.1/State with ASI
                             Ram Dass, P.S.: Gokul Puri
                             Mr. Akshay Raji, Advocate
                             alongwith Respondent No.2 in
                             person.
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J (oral)

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 0021/2018, under Sections 498A/406/506/34 of the Indian Penal Code, 1860, registered at P.S.: Gokul Puri Enclave and the proceedings emanating therefrom.

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

The petitioners and respondent no.2 have submitted that they have settled their disputes before the Delhi Mediation Centre, Karkardooma Courts, on 10.05.2018. The parties have already obtained divorce by mutual consent on 25.05.2019. The settlement amount was Rs. 2,00,000/-, out of which Rs. 60,000/- has been paid to respondent no.2 at the time of first motion and Rs. 60,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 80,000/- 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.

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. 0021/2018, under Sections 498A/406/506/34 of the IPC, registered at P.S.: Gokul Puri and the proceedings emanating therefrom are quashed.

Petition alongwith pending application stands disposed of accordingly.

(BRIJESH SETHI) JUDGE NOVEMBER 18, 2019/savita