Manish Kataria & ORS v. State NCT Of Delhi & ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1102/2019 MANISH KATARIA & ORS .... Petitioners Through:

Mr. Anil Kumar Sharma and Mr. S.S. Rawat, Advs.

versus STATE NCT OF DELHI & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Prakash, PS Burari, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 02.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.489/2013 under Sections 323/342/354-B/354-C/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Burari, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Mutual Settlement Deed dated 29.11.2018 which also stands reflected in the orders dated 29.11.2018 and 6.12.2018 of the Judge, Family Court (Central), Tis Hazari Courts, Delhi.

3.

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.

4.

Respondent No.2, on the query of the Court, submitted that she and the petitioner No.1 are residing together happily and has no complaint whatsoever against the petitioners. She further submitted that her relations with the petitioners are cordial now and she does not want to continue any criminal proceeding against the petitioners. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed. 5.

The learned counsel for the parties submitted that taking into consideration the fact that the parties have settled their disputes and the petitioner No.1 and the respondent No.2 are living together happily, the petitioners may be given a chance to reform and reintegrate into the society as productive members and the aforesaid petition may be allowed and the FIR may be quashed. 6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court deems it proper to give the petitioners a chance to reform and reintegrate into the society as productive members. Accordingly, in the interest of justice, FIR No.489/2013 under Sections 323/342/354-B/354-C/34 of the IPC, registered at Police Station Burari, New Delhi and all the consequential proceedings arising out of the FIR are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 02, 2019/rk