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High Court of DelhiCRL.M.C./689/2019

Munna Kumar v. Govt Of NCT Of Delhi & ANR

2019-02-07Hon'Ble Mr. Justice Chander Shekhar2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 689/2019 MUNNA KUMAR ..... Petitioner Through:

Mr. Vikas Vats, Advocate versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Amlok, PS:Najafgarh, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 07.02.2019 CRL.M.A. 2823/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 689/2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.836/2014, under Section 363 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Najafgarh, Delhi and the proceedings emanating therefrom.

2.

The petitioner and his counsel as well as respondent No.2, who is the father of the victim submitted that his daughter is married to the petitioner after the registration of the FIR and is having two children from their marriage. It is further submitted that the parties have settled their disputes on their

own free will, without any force or coercion, vide Memorandum of Understanding ('MoU') dated 5.1.2019. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since his daughter is living happily with the petitioner, he has no objection to the petition being allowed and the FIR being quashed 4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the MoU.

5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socio economic background of the petitioner as well as the later development, I deem it appropriate to give a chance to the petitioner to reform and reintegrate into the society as a productive member. This Court is also 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. 836/2014, under Section 363 of the IPC, registered at P.S.: Najafgarh, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 07, 2019/tp