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High Court of DelhiCRL.M.C./2428/2018

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

2019-11-26Hon'Ble Mr. Justice Chander Shekhar2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2428/2018 & CRL.M.A. 8665/2018 SARFUDDIN CHAUHAN & ORS ..... Petitioner Through:

Mr. Salim Malik, Advocate versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondent Through:

Mr. Raghuvinder Verma, APP with SI Subhash Chandra, P.S.

S.P. Badli Ms. Shavana Begum and Mr.

Shahrukh Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.11.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the learned counsel for respondent No.2.

3.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 310/2014 dated 30.03.2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Samaipur Badli, New Delhi and the proceedings emanating therefrom. 2.

Response by way of affidavit as well as proof of identity stands filed by the respondent No.2.

3.

The petitioners and respondent No.2 as well as the learned

counsel for the parties submitted that the parties have settled their disputes vide Compromise Deed dated 10.01.2016, on their own free will, without any force or coercion.

4.

Respondent No.2, who is present in Court, has submitted that the she is living with the petitioners for the last four years and further submitted that she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that in view of the compromise, the present petition may be allowed and the FIR may be quashed.

6.

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. 7.

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. 310/2014 dated 30.03.2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Samaipur Badli, New Delhi and the proceedings emanating therefrom are quashed. 8.

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

CHANDER SHEKHAR, J NOVEMBER 26, 2019 Aj