Ankur Jindal & Ors. vs State & Anr.
2020 Latest Caselaw 1530 Del

$~01

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: March 06, 2020

+      W.P.(CRL) 535/2020 and CRL.M.A. 4032/2020


       ANKUR JINDAL & ORS.                          ..... Petitioners
                          Through      Mr. Sahil Munjal and Mr. Prateek
                                       Goswami, Advocates alongwith
                                       petitioners in person
                          versus
       STATE & ANR.                                 ..... Respondents
                          Through      Ms. Anand Thumbayil,        Advocate
                                       for Mr. Rahul Mehra,         Standing
                                       Counsel (Criminal) for      the State
                                       with SI Neeraj, P.s.:        Shalimar
                                       Bagh, Delhi
                                       Mr. S.P. Aggarwal, Ms. Shashi
                                       Kaushik and Mr. Khem Chand,
                                       Advocates for respondent no.2 /
                                       complainant alongwith respondent
                                       no.2/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.

0090/2017, under Sections 406/498A/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 vide Memorandum of Understanding dated 15th November, 2019. The parties have already obtained divorce by mutual consent on 28.01.2020. The settlement amount was Rs. 60,00,000/-, out of which Rs. 20,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 20,00,000/- has further been paid to respondent no.2 at the time of second motion and two demand drafts of Rs. 10,00,000/- (each) have been handed over to respondent no.2 today in the court. Copy of the said demand drafts has been placed on record.

Respondent no.2 reiterates the aforesaid facts and submits that she has amicably settled her 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. 0090/2017, under Sections 406/498A/34 of the IPC, registered at P.S.: Shalimar Bagh and the proceedings emanating therefrom are quashed.

Petition alongwith pending application is disposed of accordingly. Dasti.

(BRIJESH SETHI) JUDGE MARCH 06, 2020 savita