Sh. Pradeep Kumar Andors. v. State Of N.C.T. Of Delhi And ORS

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3676/2023 SH. PRADEEP KUMAR AND ORS.

.....Petitioners Through:

Mr. Kartik Kumar and Mr. Gaurav Sharma, Advocates with petitioners.

versus STATE OF N.C.T. OF DELHI AND ORS .....Respondents Through:

Mr. Amol Sinha, ASC for the State with SI Gita Yadav, PS Mehrauli.

Mr. Kuldeep Sangwan, Advocate for R1 & R2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 02.09.2024 1.

The Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC, 1973') has been filed on behalf of the petitioners, seeking to quash the FIR No. 0563/2023, registered under Sections 323/354/354B/451/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Mehrauli.

2.

Brief facts of the case are that the present matter is the matrimonial dispute between the respondent No. 2 and the sister of the petitioner No. 1. It is submitted that the petitioners are the maternal family members of the daughter-in-law of the victim/respondent No. 3. Respondent Nos. 2 and 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and all the petitioners are relatives to each other. It is stated that due to some temperamental differences, disputes arose between the petitioners and the respondent Nos. 2 and 3. On 05.09.2023, on the complaint of the respondent No. 2, FIR No. 0563/2023, has been registered under Sections 323/354/354B/451/34 of the IPC at Police Station Mehrauli. 3.

It is stated that the petitioners and the respondent Nos. 2 and 3 have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement dated 26.10.2023 wherein it was inter alia settled between the parties that the respondent Nos. 2 and 3 shall withdraw their respective cases filed by them against each other or their family members/relatives, without pressing for any relief as prayed for, unconditionally. The daughter-in-law of the victim is now happily residing in her matrimonial home.

4.

In view of the Settlement Deed dated 26.10.2023, the present petition has been filed.

5.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

6.

The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 26.10.2023 and thus, no fruitful purpose will be served in continuing with the FIR.

7.

The present petition has been signed by all the petitioners and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Deed dated 26.10.2023 and they also submit that the said Settlement Deed dated 26.10.2023 has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been arrived at between the parties without any pressure and coercion. 8.

Today, the complainant/respondent No. 2, who is present in Court, states that he has no objection if the FIR is quashed. 9.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 10.

Moreover, there is no legal impediment in quashing the FIR in question.

11.

Accordingly, FIR No. 0563/2023, registered under Sections 323/354/354B/451/34 of the IPC at Police Station Mehrauli. and all consequential proceedings emanating therefrom are quashed. 12.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 2, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.