Savita & ANR v. The State & ANR

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3875/2019 & CRL.M.A.32939 /2019 SAVITA & ANR .... Petitioners Through:

Mr. Rajesh Nautiyal, Adv. with the petitioners in person versus THE STATE & ANR .... Respondents Through:

Mr. Raghuvinder Verma, APP with ASI Jitender Singh, PS Kanjhawala, Delhi R-2 in person with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 06.08.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.398/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Kanjhawala, Delhi and the proceedings emanating therefrom.

2.

Learned counsel for the petitioners as well as learned counsel for the respondent No.2 submitted that the husband of the respondent No.2 has expired and copy of the death certificate has already been placed on record.

3.

The petitioners 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 Mediation Centre, Rohini District Courts, Delhi on

17.2.2017.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she is now living with the petitioners and has no complaint whatsoever against them. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed. 5.

Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

6.

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 the husband of the respondent No.2. 7.

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.398/2016, under Sections 498-A/406/34 of the IPC, registered at P.S.: Kanjhawala, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J AUGUST 06, 2019/rk