Sumit Kumar & ORS. v. State & ANR.
$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3846/2019 SUMIT KUMAR & ORS.
..... Petitioners Through:
Mr. K.C. Nayak, Mr. Kishore Kumar & Ms. Kiran Bala, Advocates versus STATE & ANR.
..... Respondents Through:
Mr. Ashok Kumar Garg, APP with WASI Minoo, PS:Uttam Nagar, Delhi
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 05.08.2019 CRL.M.A.32834/2019 Allowed, subject to all just exceptions. The application is disposed of.
CRL.M.C. 3846/2019 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.466/2017, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Uttam Nagar, Delhi and the proceedings emanating therefrom. 2.
The petitioners and respondent No.2 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 Understanding/Compromise dated 2.11.2018.
3.
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 has no complaint against him whatsoever. To this effect, respondent No.2 has filed an affidavit, wherein she has stated that all the disputes have been mutually and amicably settled between the parties out of the court, whereby the respondent No.2 has agreed that she is willing to reside with her husband/petitioner No.1 at her matrimonial house along with the minor girl child, namely, Harshali. Respondent No.2 further submitted that she has 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 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.466/2017, under Sections 498A/406/34 of the IPC, registered at P.S.: Uttam Nagar, Delhi and the proceedings emanating therefrom are quashed. 6.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J AUGUST 05, 2019/tp