Sh. Tushar Srivastava & ORS. v. State & ANR.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5606/2019 & Crl.M.A. 39540/2019 SH. TUSHAR SRIVASTAVA & ORS ..... Petitioners Through:

Ms. Renu Yadav, Advocate with the petitioners in person versus STATE & ANR ..... Respondent Through:

Mr. Raghvinder Verma, APP with SI Gaurav Panwar, P.S.

Shahdara R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.12.2019 1.

Issue notice. Notice is accepted by learned APP for the State as well as respondent no.2 who is present in person. 2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.700/2014, under Sections 323/354/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Shahdara, Delhi and the proceedings emanating therefrom.

3.

Status report stands filed.

4.

Response by way of affidavit stands filed by the respondent No.2.

5.

The petitioners and respondent No.2 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 before the Principal Judge, Family Court, Karkardooma, Shahdara, Delhi vide a Settlement Deed dated 27.09.2019, in terms whereof the parties had agreed to settle their disputes including the quashing of the aforesaid FIR and the proceedings emanating therefrom.

6.

Learned counsel for the parties submitted that in terms of the settlement arrived at between the parties, another connected matter, i.e. Crl.M.C.5609/2019, FIR No.197/2015, under Sections 498A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at P.S.: Shahdara, Delhi and the proceedings emanating therefrom quashed today by this Court. Hence, in view of the quashing of the FIR No.197/2015 as well as Settlement Deed dated 27.09.2019, the present petition may be allowed and the FIR may be quashed.

7.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, she has no objection to the petition being allowed and the FIR being quashed.

8.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement.

9.

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 aforesaid facts and 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, FIR No.700/2014, under Sections 323/354/506/34 of the IPC, registered at P.S.: Shahdara, Delhi and the proceedings emanating therefrom are quashed. Parties shall remain bound by the terms and conditions by the aforesaid Settlement Deed dated 27.09.2019. 10.

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

CHANDER SHEKHAR, J DECEMBER 19, 2019 Aj