Gajanand & ANR. v. State & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 319/2020 GAJANAND & ANR.

..... Petitioners Through:

Mr.Basant Kr. Singh, Advocate with the petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Ms.Neelam Sharma, APP for State with SI Vishvender, P.S. Shahdara, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.01.2020 Crl.M.A.No.1381/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 319/2020 1.

The present proceedings are instituted seeking quashing of FIR No. 46/2013, registered under Sections 498-A/406/34 IPC at P.S. Shahdara, Delhi on the ground of settlement having been arrived at between the petitioners and respondent no. 2.

2.

Ms. Neelam Sharma, learned APP for State submits that the charge sheet in the present case has been filed under the aforesaid sections against the petitioners and respondent no.2 is the only complainant/victim. 3.

Learned counsel for the petitioners submits that the matter in dispute

has been amicably settled between the parties before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 07.11.2013. A copy of the said settlement is annexed with the present petition as Annexure P-2. It is further submitted that in terms of the said settlement arrived at between the parties, respondent No.2 has joined the company of her husband, i.e. petitioner No.1 and now they are living together as husband and wife and respondent No.2/complainant is now left with no claim or grievance against the petitioners.

4.

The petitioners are present in person along with their counsel. Respondent no.2 is also present in person and has been identified by the Investigating Officer. Respondent no. 2 admits having settled the matter with the petitioners out of her own free will and without any undue force, pressure or coercion. She submits that in terms of the said settlement, now she has been living with the petitioners and presently she has no grievance against the petitioners. She further states that in view of the aforesaid settlement she is not willing to pursue the present FIR and she has no objection if the FIR and all subsequent proceedings arising therefrom are quashed.

5.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

6.

The parties shall remain bound by their statements made in Court today.

7.

Keeping in mind that the parties have amicably settled their dispute and in terms of the said settlement, respondent No.2 has started living together with the petitioners, after ironing out their differences and respondent no. 2 is not willing to pursue the FIR any further, in my view, no

fruitful purpose would be served to keep them entangled in the present criminal proceedings. Accordingly, in the interest of justice, present FIR and the consequent proceedings emanating therefrom are quashed. 8.

The petition is disposed of in the above terms. 9.

Copy of this order dasti to the learned counsels for the parties. MANOJ KUMAR OHRI, J JANUARY 22, 2020 'dc'