Shri Lalit Negi & ORS. v. State & ANR.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHRI LALIT NEGI & ORS.

..... Petitioners Through:

Ms.Shalini, Mr.Ganesh Kumar, Mr.Vinay and Mr.Abhishek Rajput, Advocates along with the petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Ashok Kumar Garg, APP for State along with SI Pankaj Parashar, P.S.

Hari Nagar,, 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.1398/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 376/2017, registered under Sections 498-A/406/34 IPC at P.S. Hari Nagar, Delhi on the ground of settlement having been arrived at between the petitioners and respondent no. 2.

2.

Mr.Ashok Kumar Garg, learned APP for the State, on instructions, submits that the charge-sheet in the present case has not been filed. 3.

Learned counsel for the petitioners submits that after the registration

of the aforesaid FIR, during the course of investigation with the intervention of some close friends and relatives, the petitioners and respondent No.2 reached to an amicable settlement to resolve their disputes and also executed Memorandum of Understanding dated 13.01.2020 to this effect. 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, present in person, has been identified by the Investigating Officer and submits that she has entered into the Memorandum of Understanding with the petitioners out of her own free will and without any undue force, pressure or coercion and now she is happily living with the petitioner No.1 as husband and wife since 10.01.2020. She further submits that she has no claim or grievance against the petitioners and in view of the aforesaid settlement she is not willing to pursue the present FIR and has no objection if the FIR and all subsequent proceedings emanating therefrom are hereby 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'