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W.P.(Crl.) 3381/2019 HIGH COURT OF DELHI
Date of Decision: December 16, 2019
Date of Decision: December 16, 2019
W.P.(CRL) 3381/2019 and CRL.M.A. 42800/2019
MANOJ KUMAR & ORS. ..... Petitioners
Through Mr. Nishant Sharma and Mr. Sudhir Tewatia, Advocates alongwith petitioners in person
MANOJ KUMAR & ORS. ..... Petitioners
Through Mr. Nishant Sharma and Mr. Sudhir Tewatia, Advocates alongwith petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Amit Peswani, Advocate for Ms. Nandita Rao, ASC (Criminal) with State with SI Pushpendra, P.S.: Ambedkar Nagar
Mr. Naresh Kumar, Advocate for R-2 alongwith respondent no.2 in person
Through Mr. Amit Peswani, Advocate for Ms. Nandita Rao, ASC (Criminal) with State with SI Pushpendra, P.S.: Ambedkar Nagar
Mr. Naresh Kumar, Advocate for R-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. 317/2018, 2019:DHC:7008 under Sections 498A/406/315/328/506/34 of the Indian Penal Code, 1860, registered at P.S.: Ambedkar Nagar 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 settlement dated 15.04.2019. The parties have already obtained divorce by mutual consent on 26.08.2019. The settlement amount was Rs. 6,50,000/-, out of which Rs. 2,00,000/- has been paid to respondent no.2 at the time of first motion and Rs.
2,00,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 2,50,000/- 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 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. 317/2018, under Sections
498A/406/315/328/506/34 of the IPC, registered at P.S.: Ambedkar
Nagar and the proceedings emanating therefrom are quashed.
Petition alongwith pending application stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 16, 2019 savita
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 317/2018, 2019:DHC:7008 under Sections 498A/406/315/328/506/34 of the Indian Penal Code, 1860, registered at P.S.: Ambedkar Nagar 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 settlement dated 15.04.2019. The parties have already obtained divorce by mutual consent on 26.08.2019. The settlement amount was Rs. 6,50,000/-, out of which Rs. 2,00,000/- has been paid to respondent no.2 at the time of first motion and Rs.
2,00,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 2,50,000/- 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 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. 317/2018, under Sections
498A/406/315/328/506/34 of the IPC, registered at P.S.: Ambedkar
Nagar and the proceedings emanating therefrom are quashed.
Petition alongwith pending application stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 16, 2019 savita