Smt. Neelam & ORS. v. Smt. Chanda

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1749/2019 SMT. NEELAM & ORS.

.... Petitioners Through:

Mr. H.S. Dhillon, Adv. with the petitioners in person versus SMT. CHANDA ..... Respondent Through:

Respondent in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 30.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the complaint bearing M.C. No.16/2016, under Section 354 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Dwarka (North), Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent as well as learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion with the intervention of relatives and friends and the factum of the settlement is also evident from the order dated 2.2.2018 passed by the 2nd Link Metropolitan Magistrate, Dwarka Court, South-West, New Delhi. 3.

The respondent, present in the Court, reiterated the aforesaid facts and submitted that she and the petitioners are neighbours and she

had lodged the complaint due to some misunderstanding. She further submitted that the parties have settled their disputes on their own free will, without any force or coercion and she has no objection if the petition is allowed and the aforesaid complaint is quashed. Learned counsel for the petitioners submitted that the petition may be allowed and the complaint may be quashed, subject to any condition whichever this Court may deem fit and proper. 5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socioeconomic background of the petitioners, I deem it appropriate to give the petitioners a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and to not indulge in such activities again. Taking into consideration the remorseful attitude of the petitioners, this Court is also 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, the complaint bearing M.C. No.16/2016, under Section 354 of the IPC, registered at P.S.: Dwarka (North), Delhi and the proceedings emanating therefrom are quashed subject to the cost of Rs.

5,000/- upon the petitioners to be deposited in the Delhi High Court Advocates‟ Welfare Trust and receipts of the deposits be filed in the Registry within 21 days. Copy of the receipts shall also be handed over to the APP through the I.O. within 21 days. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 30, 2019/rk