Lalit Prasad & Ors. vs State & Anr.
2020 Latest Caselaw 212 Del

$~03
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision: January 14, 2020

+      W.P.(CRL) 17/2020 and CRL.M.A. 76/2020

       LALIT PRASAD & ORS.                          ..... Petitioners

                          Through      Mr. Sanjay Kumar, Advocate
                                       alongwith petitioners in person

                          versus

       STATE & ANR.                                 ..... Respondents

                          Through      Mr. Ranbir Singh Kundu, ASC
                                       (Criminal) for the State with Mr.
                                       Shivam Saharon and Mr. Hitesh
                                       Vali, Advocates alongwith ASI
                                       Vijay Pal Singh, P.S.: Begumpur

                                       Mr. D.B. Yadav, Advocate for
                                       Respondent no.2

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. 0302/2018, under sections 498A/406/34 of the Indian Penal Code, 1860

('IPC'), registered at P.S.: Begumpur and the proceedings emanating therefrom.

The petitioners and respondent no.2 have submitted that they have settled their disputes before the Counseling Cell, Family Courts, Tis Hazari, on 17.09.2019. The parties have already obtained divorce by mutual consent on 10.10.2019. The settlement amount was Rs. 6,00,000/-, out of which Rs. 3,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 1,50,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 1,50,000/- 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 she has 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. 0302/2018, under sections 498A/406/34 of the IPC, registered at P.S.: Begumpur and the proceedings emanating therefrom are quashed.

Petition alongwith pending application is disposed of accordingly.

(BRIJESH SETHI) JUDGE JANUARY 14, 2020 savita