Geeta Ratta And ANR v. The State Of NCT Of Delhi And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 690/2024, CRL.M.A. 2807/2024 GEETA RATTA AND ANR .....Petitioners Through:
Mr. Ram Narayan Singh, Advocate.
versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Ms. Shubhi Gupta, APP for State with SI Dhananjay Gupta, P.S.: Kirti Nagar.
Mr. Sunil Kumar & Mr. Ankit Dixit, Advocates along with R-3.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 16.10.2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners seek quashing of case FIR No. 206/2016 dated 20.04.2016 registered under sections 308/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Kirti Nagar, Delhi. Consequent upon completion of investigation, an allegation of offence under section 323 IPC has been added vide chargesheet dated 20.01.2017.
2.
Though the Memo of Parties and the amended Memo of Parties records the father's name of respondent No.2/Tarun Ratta as Sudharshan Ratta, the actual name of the father is stated to be Sh. Satish Kumar Ratta.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The petition is premised on Memorandum Recording Family Settlement dated 23.03.2023, whereby the petitioners and respondent No. 2 have resolved the matter amicably.
4.
The petition is supported by affidavits of the petitioners and of respondent No. 2, alongwith proof of their IDs. 5.
The contesting parties are present in court. Their credentials have been verified and they have also been identified by the Investigating Officer.
6.
The court has interacted with the respondents Nos. 2, as also with the petitioners, who have confirmed that they have now resolved the matter and a Memorandum Recording Family Settlement dated 23.03.2023 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward. Furthermore, as per amended memo of parties, the respondents confirm that they have received the entire settlement amount of Rs.1,01,00,000/-, out of which Rs. 51,00,000/- was to be paid at the stage of quashing of the subject FIR but that amount has also already been received by them.
7.
Furthermore, it is pointed-out that vide order dated 18.01.2024 made in CRL.M.C. No. 408/2024, a cross FIR filed by the petitioners against respondents Nos. 2 and 3 under sections 323/341/451/506/34 IPC has already been quashed by a Co-ordinate Bench of this court. 8.
Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.
9.
In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 10.
Accordingly, FIR No. 206/2016 dated 20.04.2016 registered under sections 308/34 IPC at P.S.: Kirti Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed. 11.
Petition stands disposed-of.
12.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 16, 2024 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.