Ramsewak & ORS v. The State & ANR

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2233/2019 & CRL.M.A. 8928/2019 RAMSEWAK & ORS .... Petitioners Through:

Mr. Arun Kumar Sharma, Mr.

Vaibhav Sharma and Mr.

Anurag Saxena, Advs. with the petitioners in person versus THE STATE & ANR .... Respondents Through:

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

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.04.2019 CRL.M.A. 8928/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2233/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.905/2013 dated 30.12.2013, under Sections 498A/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Seemapuri, Delhi and the proceedings emanating therefrom.

2.

Learned counsel for the petitioners submitted that Late Shri Mangeram, one of the accused, expired on 21.2.2017 and the copy of the Death Certificate is already on the record. 3.

The petitioners and their counsel as well as respondent No.2

submitted that the petitioners have settled their disputes on their own free will, without any force or coercion.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she is now living happily with the petitioner No.1 and they have no complaint whatsoever against each other. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed. Learned counsel for the petitioners also submitted that in the interest of justice and for the welfare of the parties, as well as taking into consideration the fact that the parties are now living happily, the FIR may be quashed.

5.

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 as well as the death certificate of accused Mangeram.

6.

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. 905/2013 dated 30.12.2013, under Sections 498A/34 of the IPC, registered at P.S.: Seemapuri, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 29, 2019/rk