Ashish Bhalla & ORS. v. State & ANR.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2392/2019 ASHISH BHALLA & ORS.

.... Petitioners Through:

Petitioner Nos.2 to 5 in person with counsel (appearance not given) versus STATE & ANR.

.... Respondents Through:

Mr.Ashish Dutta, APP with IO in person Respondent No.2 in person with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.15/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Lajpat Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioner No.1 has executed a Special Power of Attorney in favour of his brother, i.e. petitioner No.4. 3.

The petitioner Nos.2 to 5 and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi High Court Mediation and Conciliation Centre, New

Delhi on 28.2.2019.

4.

Respondent No.2, who is present in Court, filed her affidavit on record reiterating the aforesaid facts. Respondent No.2 further submitted that she has no objection if the petition is allowed and the aforesaid FIR is quashed.

5.

Learned counsel for the parties submitted that as per the settlement, the petitioner No.1 and the respondent No.2 have agreed to live as husband and wife in Sydney, Australia as soon as possible. It is further submitted that the petitioner No.1 has already booked the flight ticket for respondent No.2 in order to enable her to travel to Australia and join him on 4.6.2019.

6.

Learned counsel for the petitioners 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 have agreed to live as husband and wife, the FIR may be quashed.

7.

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. 8.

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.15/2016, under Sections 498-A/406/34 of the IPC, registered at P.S.: Lajpat Nagar, Delhi and the proceedings emanating therefrom are quashed. The parties shall remain bound by the terms and

conditions of the settlement.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 29, 2019/rk