Pawan Goyal v. State (Govt Of NCT Of Delhi) & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1794/2018 PAWAN GOYAL ..... Petitioner Through:

Mr. Jai Prakash Sharma, Adv.

with the petitioner in person versus STATE (GOVT OF NCT OF DELHI) & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with ASI Rambir, PS Najafgarh, Delhi Mr. Rajesh Yadav and Mr.Navneet Singh, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.03.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.117/2016 under Section 324 of the Indian Penal Code, 1860 (IPC), registered at Police Station Najafgarh, New Delhi and the proceedings emanating therefrom.

2.

The petitioner 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 and have entered into a Memorandum of Understanding (MoU) dated 13.3.2018 and now the petitioner and the respondent No.2 are living

happily together since 2016.

3.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 4.

Respondent No.2 has filed a fresh affidavit as well as proof of identity on record. It is stated by the respondent No.2 in the affidavit that she has no complaint against the petitioner and has resolved all her matrimonial disputes with the petitioner and they are living together as husband and wife since 2016. Respondent No.2 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 and the respondent No.2 are living together happily as well as the fact that respondent No.2 has no complaint against the petitioner, 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. 117/2016 under Section 324 of the Indian Penal Code, 1860 (IPC), registered at Police Station Najafgarh, 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 19, 2019/rk