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High Court of DelhiCRL.M.C./123/2019

Col S D Mathur & ORS v. State & ANR

2019-01-14Hon'Ble Mr. Justice Chander Shekhar2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 123/2019 COL S D MATHUR & ORS ..... Petitioners Through:

Ms. Namita Roy & Ms. Shilpi Ganguly, Advocates versus STATE & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP Mr. Abhijit Acharya, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 14.01.2019 CRL.M.A. 563/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 123/2019 1.

The petitioners have moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0322/2013, under Sections 406/498-A/34 of the Indian Penal Code, 1860, registered at PS:Dwarka South, New 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, pressure or coercion vide Settlement dated 27.2.2018.

3.

Respondent No.2, on a query of the Court, specifically submitted that the settlement has been effected on her own free will, without any force, pressure or coercion and she is living with petitioner No.1 and has no complaint whatsoever against the petitioners. She further submitted that in view of the settlement arrived at, she has no objection to the petition being allowed and the quashing of the FIR.

4.

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

5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration that the petitioner No.1 and respondent No.2 are living happily, 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. 0322/2013, under Sections 498-A/406/34 of the Indian Penal Code, 1860, registered at PS:Dwarka South, New Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 14, 2019 tp