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Date of Decision: February 12, 2020
RAHUL MARWAH & ORS ..... Petitioners
Through Mr. R.V. Sinha, Mr. A.S. Singh, Mr. Amit Sinha and Ms. Sharanya Sinha, Advocates alongwith petitioners in person
Through Mr. Rajesh Mahajan, Additional Standing Counsel for the State with Ms. Jyoti Babbar and Ms. Shrutika Vedi, Advocates for
Respondent nos.1 to 3 Mr. Varun Kumar, Advocate for
Respondent no.4 alongwith Respondent no.4 in person
JUDGMENT
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.
2020:DHC:1020 0101/2018, under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at P.S.: Vikaspuri, West Delhi and the proceedings emanating therefrom.
Learned Additional Standing Counsel for the State submits that chargesheet has been filed against petitioner nos. 1 to 3 and petitioner nos. 4 and 5 have been kept in Column Nos. 4 and 5 of the FIR.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.4.
The petitioners and respondent no.4 have submitted that they have settled their disputes vide Compromise Deed dated 18th April, 2019. The parties have already obtained divorce by mutual consent on 6th July,
2019. The settlement amount was Rs. 9,00,000/-, out of which Rs. 4,00,000/- has been paid to respondent no.4 at the time of first motion and Rs. 4,00,000/- has further been paid to respondent no.4 at the time of second motion and a demand draft of Rs. 1,00,000/- has been handed over to respondent no.4 today in the court. Copy of the said demand draft has been placed on record. Respondent no.4 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. 0101/2018, under Sections 498A/406/34 of the IPC registered at P.S.: Vikaspuri, West Delhi and the proceedings emanating therefrom are quashed. Petition alongwith pending application stand disposed of accordingly.
JUDGE FEBRUARY 12, 2020 savita