Daya Shankar & Ors vs The State & Anr
2020 Latest Caselaw 147 Del

$~30
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      Date of decision: January 10, 2020
+      W.P.(CRL) 57/2020 and CRL.M.A. 331/2020
       DAYA SHANKAR & ORS                    ..... Petitioners
                       Through   M. Hasibuddin, Advocate
                                 alongwith petitioners in person
                       versus

       THE STATE & ANR                              ..... Respondents
                          Through      Mr.    Ranbir    Singh    Kundu,
                                       Additional    Standing    Counsel
                                       (Criminal) with Mr. Shivom
                                       Saharon and Mr. Hitesh Vali,
                                       Advocates with SI Sanjeev
                                       Choudhary, P.S.: Delhi Cantt.
                                       Mr. K.K. Duby, Advocate for
                                       Respondent      no.2     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. 290/2017, under sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Delhi Cantt and the proceedings emanating therefrom.

The petitioners and respondent no.2 have submitted that they have settled their disputes vide Settlement Deed dated 30.08.2019 before the

Counseling Cell, Family Court, Patiala House, New Delhi. The parties have already obtained divorce by mutual consent on 20.12.2019. The settlement amount was Rs. 4,50,000/-, out of which Rs. 2,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 1,25,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 1,25,000/- 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, who is present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that she has no objection to the FIR being quashed and the petition being allowed.

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

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. 290/2017, under sections 498A/406/34 of the IPC, registered at P.S.: Delhi Cantt. and the proceedings emanating therefrom are quashed.

Petition alongwith pending application is disposed of accordingly.

(BRIJESH SETHI) JUDGE JANUARY 10, 2020/savita