Rashi Anand & ORS. v. The State Government Of The NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 406/2024 RASHI ANAND & ORS.

.....Petitioners Through:

Mr.

Yakesh Anand, Ms.

SOnam Anand, Mr. Akshay Thakur, Ms. S.L.

Qoujanya, Advocates versus THE STATE GOVERNMENT OF THE NCT OF DELHI & ANR. .....Respondents Through:

Mr. Hemant Mehla, APP for the State Counsel with R-2 in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 30.07.2024 1.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of the case arising out of FIR bearing No. 347/2016 dated 29.06.2016, registered at Police Station Nihal Vihar, for offences punishable under Section 304A of the Indian Penal Code, 1860 ('IPC'). 2.

Issue notice. Learned APP accepts notice on behalf of the State. 3.

A request for quashing of the FIR has been made on account of the Settlement inter se the parties. It is stated that the Respondent No.2 is the mother of the deceased seven year old son. The parties amicably settled the matter via Memorandum of Understanding dated 03.01.2024 and it was interalia settled between the parties that petitioner no. 1 shall pay a sum of Rs. 5,50,000/- to the respondent no. 2 as full and final amount. It is also The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/08/2024 at 11:33:31

stated that the petitioner no. 1 has already paid Rs. 50,000/- to respondent no. 2 and has paid the remaining Rs.5,00,000 in Court vide Demand Draft No.997517.

4.

The parties are present before this Court in person today, and have been identified by the Investigating Officer concerned. 5.

Today, the complainant who is present in Court states that she has received all amounts due to her and has no objection if the FIR is quashed. 6.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

7.

Accordingly, FIR bearing No. 347/2016 dated 29.06.2016, registered at Police Station Nihal Vihar, for offences punishable under Section 304A of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom are quashed.

8.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 30, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/08/2024 at 11:33:31