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High Court of DelhiCRL.M.C./853/2019

Rajesh Sharma & ORS. v. State & ANR.

2019-11-29Hon'Ble Mr. Justice Chander Shekhar2 pages

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 853/2019 & Crl.M.A.3422/2019 RAJESH SHARMA & ORS.

.... Petitioners Through Mr. C.M.Grovel, Adv. with the petitioner in person versus STATE & ANR.

.... Respondents Through Mr. Raghuvinder Verma, APP with SI Sachin Kumar Mr. R.P.Bhardwaj, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.11.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.23/2008 dated 31.1.2008, under Sections 498-A/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Gandhi Nagar, Delhi and the proceedings emanating therefrom.

2.

Learned APP, on instructions from the Investigating Officer, submitted that he has verified that the petitioners have already been discharged under Section 304-B of the IPC.

3.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before

the Delhi Mediation Centre, Karkardooma Courts, Delhi on 24.11.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, he has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

6.

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. 7.

In view of the aforesaid circumstances and the settlement arrived at between the parties, 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.23/2008 dated 31.1.2008, under Sections 498-A/34 of the IPC, registered at P.S.: Gandhi Nagar, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J NOVEMBER 29, 2019/rk