Mr. Rohtash v. State & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4872/2019 & Crl.M.A. 36829/2019 MR. ROHTASH ..... Petitioner Through:

Appearance not given.

versus STATE & ANR ..... Respondents Through:

Mr. Ashok Kr. Garg, APP with SI Manjeet, P.S. Kanjhawala Counsel (appearance not given) for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.11.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the learned counsel for respondent No.2.

3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.204/2004 dated 20.08.2004, under Sections 498-A/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Kanjhawala, New Delhi and the proceedings emanating therefrom. 5.

Response by way of affidavit as well as proof of identity stands filed by the respondent No.2.

6.

The petitioner and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide

settlement agreement dated 05.10.2012 recorded at Delhi Mediation Centre, Rohini Courts, Delhi.

7.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she is living happily with the petitioner for the last about 7-8 years and has no complaint against the petitioner whatsoever. She further submitted that she has no objection to the petition being allowed and the FIR being quashed. 8.

Learned counsel for the petitioner submitted that in view of the settlement between the parties, the present petition may be allowed and the FIR may be quashed.

10.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 11.

In view of the aforesaid circumstances and the 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.204/2004 dated 20.08.2004, under Sections 498-A/406 of the IPC, registered at P.S.: Kanjhawala, New Delhi, and the proceedings emanating therefrom are quashed.

12.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J NOVEMBER 29, 2019/Aj