Sh. Sunil Jain & ORS. v. State & ANR.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 429/2020 SH. SUNIL JAIN & ORS.

..... Petitioners Through: Mr. Joginder, Advocate alongwith petitioners in person.

Versus

STATE & ANR.

..... Respondents Through: Dr. M.P. Singh, APP for State with SI Pushpendra, P.S. Sarai Rohilla Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 27.01.2020 CRL.M.A. 1776/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 429/2020 1.

The present proceedings are instituted seeking quashing of FIR No. 1330/2014 under Sections 406/498A/34 IPC registered at Police Station Sarai Rohilla, Delhi on the ground that parties have settled their disputes. 2.

Dr. M.P. Singh, learned APP for the State, submits that the charge sheet in the present case has been filed under aforesaid sections against the present petitioners and respondent No.2 is the only complainant/victim. 3.

Learned counsels for the parties submit that they have entered into a settlement vide Memorandum of Understanding on 13.01.2020. A copy of CRL.M.C. 429/2020

the same is annexed with the petition. In terms of the settlement, the parties are living together since last one year and respondent No.2, is now, left with no claim whatsoever against the petitioners.

4.

The petitioners, who are present in person, are identified by their counsel and the Investigating Officer. Respondent No.2, who is present in person, is also identified by the Investigating Officer. 5.

Respondent No. 2, who is present in Court, states that she has entered into the settlement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

6.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

7.

The parties are bound by the statements made in Court today. 8.

In view of the above facts and since petitioner No. 1 and respondent No. 2 are husband and wife and are now living together, no useful purpose will be served in continuance of the proceedings. It is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

9.

With the above directions, the petition is disposed of. 10.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 27, 2020/p'ma CRL.M.C. 429/2020