Mohd. Arif v. State & ANR

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 229/2019 MOHD. ARIF ..... Petitioner Through Mr. Yogesh Sharma, Advocate.

versus STATE & ANR ..... Respondents Through Mr. Ashish Dutta, APP for the State with W.ASI Poonam, PS Gokul Puri.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.01.2019 CRL.M.A. 1004/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 229/2019 1.

The petitioner has moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.68/2018, under Sections 377/354C/323/506 of the Indian Penal Code, 1860, registered at PS:Gokul Puri, New Delhi and the proceedings emanating therefrom.

2.

Learned counsel for the petitioner as well as respondent No.2 submitted that the matter has been settled before the Delhi Govt. Mediation & Conciliation Centre, Delhi Dispute Resolution Society (Regd.) New Delhi on 25.05.2018, copy

whereof is annexed as Annexure-P-2.

3.

Both the parties, on the query of the Court, submitted that they are living together happily and there is no dispute whatsoever between them and the FIR may be quashed.

4. The Investigating Officer, who is present in the Court, has identified the petitioner as well as respondent No.2 and the IO has also verified the settlement agreement arrived at CRL.M.(BAIL) 34596/2018 between the parties.

5.

Respondent No.2 submitted that the settlement has been arrived at on her own free will, without any force, pressure and coercion and she has no objection to the petition being allowed and the quashing of the FIR.

6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the fact that the parties are living together happily, 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.68/2018, under Sections 377/354C/323/506 of the Indian Penal Code, 1860, registered at PS:Gokul Puri, New Delhi and the proceeding emanating therefrom are quashed. 7.

Petition is disposed of in above terms CHANDER SHEKHAR, J JANUARY 18, 2019/Pallavi