Pooja & ORS v. State (Govt Of NCT Of Delhi) & ANR

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1825/2018 POOJA & ORS .... Petitioners Through:

Mr. Rajesh Yadav and Mr.Navneet Singh, Advs. with the petitioners in person versus STATE (GOVT OF NCT OF DELHI) & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with ASI Rambir, PS Najafgarh, Delhi Mr. Jai Prakash Sharma, Adv.

for R-2 with the R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.118/2016 under Sections 427/324/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Najafgarh, 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 or coercion and have entered into a Memorandum of Understanding (MoU) dated 13.3.2018 and now the petitioner No.1 and the respondent No.2 are

living happily together since 2016.

3.

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. 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 he has no complaint against the petitioners and has resolved all his matrimonial disputes with the petitioner No.1 and they are living together as husband and wife since 2016. Respondent No.2 submitted that he 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.2 are living together happily as well as the fact that respondent No.2 has no complaint against the petitioner No.1, 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. 118/2016 under Sections 427/324/34 of the 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