Prathmesh Sawant & ANR. v. State & ANR.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 646/2020 PRATHMESH SAWANT & ANR.

..... Petitioners Through: Ms. Poonam Tyagi, Advocate alongwith petitioner No. 1 in person.

Versus

STATE & ANR.

..... Respondents Through: Ms. Neelam Sharma, APP for State with W/SI Jyoti, P.S. Model Town Mr. Nutan Sinha, Advocate alongwith respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.02.2020 CRL.M.A. 2697/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 646/2020 1.

The present proceedings are instituted seeking quashing of FIR No. 315/2017 under Sections 498A/406/34 IPC registered at Police Station Model Town, Delhi on the ground that parties have settled their disputes. 2.

Ms. Neelam Sharma, learned APP for the 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 petitioner No. 2, the mother of petitioner No. 1 is not present in the Court today being senior citizen and currently not in a fit state of health. CRL.M.C. 646/2020

4.

Learned counsels for the parties submit the parties have entered into a settlement on 05.10.2018. A copy of the same is annexed as Annexure-B with the petition. In terms of the settlement, the parties are living together since 15.10.2018 and respondent No.2, is now, left with no claim whatsoever against petitioners.

5.

The petitioner No. 1 and respondent No. 2, who are present in person, are identified by their respective counsels and the Investigating Officer. 6.

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.

7.

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

8.

The parties are bound by the statements made in Court today. 9.

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.

10.

With the above directions, the petition is disposed of. 11.

Order dasti to the learned counsels for the parties. MANOJ KUMAR OHRI, J FEBRUARY 06, 2020/p'ma CRL.M.C. 646/2020