S Maninder Pal Singh Nagi & ORS v. State & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 120/2019 & CRL.M.As. 517-18/2019 S MANINDER PAL SINGH NAGI & ORS .... Petitioners Through:

Mr. Arun Khatri, Adv. with petitioners in person versus STATE & ANR .... Respondents Through:

Mr. Ashish Dutta, APP for R-1 Mr. Arun Khatri, Adv. R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.01.2019 CRL.M.A. 518/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 120/2019 & CRL.M.A. 517/2019 (for stay) 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.856/2015 dated 16.12.2015 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Keshav Puram, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have entered into a settlement agreement dated 5.9.2016 before the Delhi Mediation

Centre, Rohini District Courts, Delhi and the petitioner No.1 and the respondent No.2 are residing together peacefully and separately from their family in terms of the settlement arrived at between the parties. 3.

Petitioner No.1 and the respondent No.2 further submitted that the settlement was arrived at between the parties on their own free will, without any pressure, force or coercion. Respondent No.2 on being specifically asked about the settlement arrived at between the parties stated that she is living with her husband peacefully in Patiala separately from the other relatives and she does not have any complaint against the petitioners and the present petition may be allowed and the aforesaid FIR may be quashed so that they may live peacefully and harmoniously.

4.

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 arrived at between the parties. 5.

In view of the aforesaid circumstances as well as the fact that the petitioner No.1 and the respondent No.2 are living together peacefully and in view of 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.856/2015 dated 16.12.2015 under Sections 498-A/406/34 of the IPC, registered at Police Station Keshav Puram, New Delhi and all the consequential proceedings arising out of the FIR are quashed. However, the parties shall remain bound by the terms and conditions of the settlement.

7.

Petition is disposed of in above terms. CRL.M.A. 517/2019 also stands disposed of.

CHANDER SHEKHAR, J JANUARY 11, 2019/rk