Sonam & ORS. v. State & ANR.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4142/2019 SONAM & ORS.

.... Petitioners Through Mr. Kartikay Mathur, Mr.

Sanket Gupta and Mr. Shankar, Advs. with the petitioners in person versus STATE & ANR.

.... Respondents Through Ms. Aashaa Tiwari, APP with ASI Yag Dutt, PS KN Katju Marg, Delhi R-2 with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 30.09.2019 CRL.M.A. 34101/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4142/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.507/2015 dated 16.5.2015, under Sections 452/323/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: K.N. Katju Marg, Delhi and the proceedings emanating therefrom. 2.

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 6.6.2019.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has to pay the balance amount of Rs.30,000/- to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.30,000/- to her, she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.144019 dated 3.9.2019 for an amount of Rs.30,000/- which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and 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. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socioeconomic background of the petitioners, I deem it appropriate to give the petitioners a chance to reform and reintegrate into the society as

productive members. The petitioners are warned to be careful in future and to not indulge in such activities again. Taking into consideration the remorseful attitude of the petitioners, this Court is also 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.507/2015 dated 16.5.2015, under Sections 452/323/34 of the IPC, registered at P.S.: K.N. Katju Marg, Delhi and the proceedings emanating therefrom are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 30, 2019/rk