Anand Gupta & ORS. v. State & ORS.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 385/2019 & CRL.M.A.1659/2019 ANAND GUPTA & ORS.

.... Petitioners Through:

Mr. S.K. Rai and Mr.Mahesh Chand Sharma, Advs. with the petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Babulal, ASI Jagat Singh, PS Okhla Industrial Area, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.01.2019 CRL.M.A. 1659/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 385/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.722/2015 dated 13.9.2015 under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at Police Station Okhla Industrial Area, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have entered into a Settlement Agreement dated 5.6.2017 before the Mediation Centre,

Saket Courts, New Delhi. Learned counsel for the petitioners further submitted that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion and the parties have been living together happily.

3.

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. 4.

The respondent No.2 reiterated the aforesaid facts and on the query of the Court submitted that the petitioners and the respondent No.2 have been living together under one roof. Respondent No.2 further submitted that in terms of the settlement arrived at between the parties, she has no objection to the quashing of the FIR and the petition being allowed.

5.

In view of the aforesaid circumstances and the settlement arrived at between the parties as well as in the interest of justice and welfare of the family, 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.722/2015 dated 13.9.2015 under Sections 498-A/406/34 of the IPC, registered at Police Station Okhla Industrial Area, New Delhi and all the consequential proceedings arising out of the FIR are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 24, 2019/rk