Neha & ORS v. The State Of NCT Of Delhi & ORS

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1086/2019 NEHA & ORS ..... Petitioners Through:

Mr. Anish Dhingra & Mr.

Nakul Ahuja, Advocates versus THE STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Panna Lal Sharma, APP with ASI Rakesh Kumar, PS:Raja Park, Delhi Mr.

Pawan Kumar Jakhu, Advocate for respondent Nos.2 and 3

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.02.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1348/2017, under Sections 323/341/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Mangol Puri, Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent Nos.2 and 3 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Memorandum of Mutual Understanding/Settlement Deed dated 25.1.2018 before the Family Court, Dwarka and that they shall remain bound by the

said Memorandum of Mutual Understanding/Settlement Deed. It is also submitted that, in view of the settlement, the marriage between petitioner No.1 and the respondent No.2 has been dissolved by decree of divorce dated 21.12.2018. The petitioners and respondent Nos.2 and 3 submitted that one more criminal case is pending between the parties, against which they have already filed a quashing petition, which is listed before the Bench of HMJ Mukta Gupta today itself.

3.

Respondent Nos.2 and 3, who are present in Court, have reiterated the aforesaid facts and submitted that since the matter has been settled, they have 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 petitioners as well as respondent Nos.2 and 3 has also verified the Settlement Deed.

5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the young age and socio-economic background of the petitioners, I deem it appropriate to give a chance to the petitioners to reform and reintegrate into the society as productive members. 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. 1348/2017, under Sections 323/341/506/34 of the IPC, registered at P.S.: Mangol Puri, Delhi and the proceedings

emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 26, 2019 tp