Raj Kumar & ANR v. State Of NCT Of Delhi & ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2366/2018 RAJ KUMAR & ANR ....... Petitioners Through:

Mr.Abhishek Garg and Mr.Anil Rawat, Advocates with petitioners in person.

versus STATE OF NCT OF DELHI & ANR ....... Respondents Through:

Ms.Manjeet Arya, APP for the State with SI Praveen Kumar, PS Mandawali.

Respondents No.2 in person.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 04.05.2018 CRL.M.A.8407/2018 1.

Exemption allowed, subject to all just exceptions. 2.

The application is disposed of.

CRL.M.C. 2366/2018 1.

By way of this petition filed under Section 482 CrPC, the petitioner is praying for quashing of FIR No.716/2015, under Sections 354/354-B/34 IPC, PS Mandawali, Delhi as well as consequential proceedings emanating therefrom, on the basis of settlement arrived at between the parties. 2.

Notice. Learned APP for the State/R-1 accepts notice. Respondent No.2 is present in person and accepts notice. 3.

Case FIR No.716/2015 under Sections 354/354-B/34 IPC, PS Mandawali was got registered by the respondent No.2/complainant against petitioners No.1 and 2, who are her father-in-law and sister-in-law (devrani) 4.

It is mentioned in the petition that during the pendency of above CRL.M.C. 2366/2018

proceedings, the parties arrived at an amicable settlement before the Mediation Centre, Karkardooma Court vide compromise deed dated 25.01.2018, certified copy of which has been placed on record as Annexure-B.

5.

Learned counsel for the petitioners submits that the parties have settled all their disputes and now they have no grudge against each other, hence no purpose would be served in prosecuting the petitioners, therefore the FIR in question and criminal proceedings emanating therefrom may be quashed.

6.

Respondent No.2 is present in person and submits that she has settled the matter with the petitioners and that she does not want to pursue the criminal proceedings against the petitioners. She further submits that she has no objection if the FIR in question is quashed. 7.

In view of the legal position laid down in the decision reported as Gian Singh v State of Punjab & Anr. 2012 (9) SCALE 257 and the amicable settlement arrived at between the parties before the Mediation Centre, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futile and wastage of precious time of the Court. 8.

Accordingly, the petition is allowed and FIR No.716/2015, under Sections 354/354-B/34 IPC, PS Mandawali, Delhi and consequential proceedings arising therefrom are hereby quashed. The parties shall be bound by the terms and conditions of settlement. Order dasti.

PRATIBHA RANI, J.

MAY 04, 2018 „st‟ CRL.M.C. 2366/2018