Mohd. Dilshad & ORS v. The State (NCT Of Delhi) & ANR

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 997/2020 MOHD. DILSHAD & ORS ..... Petitioners Through:

Mr.Damodar Panturu, Advocate with the petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Ms.Rajni Gupta, APP for State with ASI Manoj Raghav, P.S. Maurya Enclave, Delhi.

Mr.Gaurav Singh Adhana, Advocate for R-2 with R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.02.2020 Crl.M.A.No.4030/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 997/2020 and Crl.M.A.No.4029/2020 (Stay) 1.

The present proceedings are instituted seeking quashing of FIR No. 153/2018, registered under Sections 406/498-A/34 IPC, at Police Station Maurya Enclave, Delhi on the ground that parties have settled their disputes.

2.

Ms.Rajni Gupta, learned APP for the State submits that the charge sheet in the present case has not been filed, however, the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the case.

3.

Learned counsels for the parties submit that during the pendency of the proceedings, with the intervention of common well-wishers of both the parties, they have amicably settled their disputes vide Memorandum of Understanding dated 30.10.2019. In terms of the said settlement, respondent No.2 along with her two minor sons has joined the company of petitioner No.1 and now they are living together as husband and wife since 30.10.2019 and respondent No.2, is now, left with no claim or grievance whatsoever against petitioners.

4.

The petitioners and respondent No. 2 who are present in person, are identified by their respective counsels and the Investigating Officer. 5.

Respondent No. 2, who is present in Court, states that she has entered into the Memorandum of Understanding with the petitioners out of her own free will, volition and without any coercion. She further states that now she, along with her children, is living happily with the petitioners and they have not repeated the same incident and that she has no objection if the present FIR and consequent proceedings are quashed.

6.

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

7.

The parties are bound by the statements made in Court today. 8.

In view of the above facts and since petitioner 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. 9.

With the above directions, the petition is disposed of along with the pending application.

10.

Copy of the order be given dasti to the learned counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 24, 2020 'dc'