Shiyaz Hamsa v. State & ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.2965/2019 SHIYAS HAMZA ..... Petitioner Through:

Mr. Tom Joseph, Mr. Pratap Pattanaik & Mr. R.B. Marar, Advocates versus STATE & ANR.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with ASI Diwan Singh, PS:Vivek Vihar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 28.05.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1029/2015, under Sections 498-A/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vivek Vihar, Delhi and the proceedings emanating therefrom. 2.

The petitioner and his counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion. In this regard, an affidavit has been filed on behalf of respondent No.2. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed, in view of the settlement arrived at between the parties.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 5.

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.1029/2015, under Sections 498A/406 of the IPC, registered at P.S.: Vivek Vihar, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 28, 2019 tp