Ashish Sharma & ORS v. State Of NCT Delhi & ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 820/2018 & CRL.M.A. 3001/2018 ASHISH SHARMA & ORS .... Petitioners Through:

Mr. Arvind Bhardwaj and Ms.

Varsha Aggarwal, Advs. with the petitioners in person versus STATE OF NCT DELHI & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Rahul Kumar, PS Laxmi Nagar, Delhi Ms. Richa Dhawan, St. Counsel (DHCLSC) for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.963/2014, under Sections 323/354/506/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Shakarpur, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Agreement dated 5.9.2017 before the Delhi Mediation Centre, Karkardooma Courts, Delhi.

3.

Respondent No.2, who is present in Court, has reiterated the

aforesaid facts and submitted that she and the petitioner No.1 are living together along with their daughter Aditi Sharma but separately from the other members of the family and does not want to continue the criminal proceedings against the petitioners, subject to the payment of the balance amount of Rs.6 lacs to her in terms of the settlement arrived at between the parties.

4.

Learned counsel for the petitioners submitted that the petitioners have brought two demand drafts bearing Nos. 628205 dated 2.3.2019 for an amount of Rs.3 lacs and 628211 dated 8.3.2019 for an amount of Rs.3 lacs which have been handed over to the respondent No.2 today in the Court. The petitioners have also submitted that they have also handed over a demand draft bearing No.628227 dated 28.3.2019 for an amount of Rs.25,000/- to the respondent No.2 in compliance of the order dated 13.3.2019 in the Court today. Learned counsel for the parties 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 and the settlement arrived at between the parties as well as taking into consideration the interest of the life of the family of the petitioners, 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. 963/2014, under Sections 323/354/506/509/34 of the IPC, registered at P.S.: Shakarpur, New Delhi and the proceedings emanating therefrom are quashed.

7.

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

CHANDER SHEKHAR, J APRIL 03, 2019/rk