Shyam Sunder & ORS v. State Through NCT Delhi & ORS

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 692/2018 SHYAM SUNDER & ORS .... Petitioners Through:

Mr. Naomi Chandra, Adv. with the petitioners in person versus STATE THROUGH NCT DELHI & ORS .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Narender Kumar, PS IP Estate, New Delhi Ms. Anu Narula, Adv.

(DHCLSC) for R-3 with R-3 in person Appearance not given for R-2, 4 & 5

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 20.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.158/2014 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station IP Estate, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.3 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 and have entered into a Settlement Deed/Memorandum of Understanding

(MoU) dated 7.5.2016 and now the petitioner No.1 and the respondent No.3 are living happily together.

3.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.3 and has also verified the settlement arrived at between the parties. 4.

Respondent No.3 has filed a fresh affidavit on record. It is stated by the respondent No.3 in the affidavit that the disputes between the parties have been resolved with the intervention of the family members and well wishers vide a settlement arrived at between the parties. It is further stated in the affidavit that the respondent No.3 has resumed matrimonial relations with the petitioner No.1 and they are residing together as married couple. It is also stated in the affidavit that the respondent No.3 does not want to continue any criminal proceeding against the petitioners. Respondent No.3 submitted that she has no objection to the petition being allowed and the FIR being quashed.

5.

The learned counsel for the parties submitted that taking into consideration the fact that the parties have settled their disputes and the petitioner No.1 and the respondent No.3 are living together happily, the aforesaid petition may be allowed and the FIR may be quashed.

6.

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.

158/2014 under Sections 498-A/406/34 of the IPC, registered at Police Station IP Estate, New Delhi and all the consequential proceedings arising out of the FIR are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 20, 2019/rk