Madhur Aneja & Anr. vs State & Anr.
2020 Latest Caselaw 1287 Del

$~41

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of decision: February 26, 2020


+      W.P.(CRL) 552/2020 and CRL.M.A. 4229/2020


       MADHUR ANEJA & ANR.                          ..... Petitioners

                          Through      Mr. Nikhil K. Dogra, Advocate
                                       alongwith petitioners in person

                          Versus

       STATE & ANR.                                 ..... Respondents

                          Through      Ms. Shivani Sharma and Ms.
                                       Sukriti Bhardwaj, Advocates for
                                       Ms. Richa Kapoor, Additional
                                       Standing Counsel for the State
                                       with ASI Sushma Chauhan, P.S.:
                                       Shalimar Bagh

                                       Complainant 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. 0151/2019, under Sections 498A/406/34 of the Indian Penal Code, 1860,

registered at P.S.: Shalimar Bagh 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 learned Mediator, Delhi Mediation Centre, Rohini Courts, Delhi on 26.04.2019. The parties have already obtained divorce by mutual consent on 05.12.2019. The settlement amount was Rs. 16,00,000/-, out of which Rs. 6,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 5,00,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 5,00,000/- 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.

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. 0151/2019, under Sections 498A/406/34 of the IPC, registered at P.S.: Shalimar Bagh and the proceedings emanating therefrom are quashed.

The petition alongwith pending application is disposed of accordingly.

(BRIJESH SETHI) JUDGE FEBRUARY 26, 2020 savita