Natasha Jangra v. State Of NCT & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3438/2018 & CRL.M.A.12487/2018 NATASHA JANGRA ..... Petitioner Through:

Mr. Divyank Tiwari, Adv. with the petitioner in person versus STATE OF NCT & ANR .... Respondents Through:

Mr.Amit Chadha, APP with SI Rajender Singh Mr. R.C. Tiwari, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 07.08.2019 CRL.M.A. 12487/2018 (for condonation of delay) In view of the cause submitted in the application, the delay in re-filing the petition is condoned. Application stands disposed of. CRL.M.C. 3438/2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0314/2017, under Sections 324/380/506 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Malviya Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as learned counsel for the parties submitted that the parties have settled their disputes on

their own free will, without any force or coercion before the Mediation and Conciliation Centre, Panchkula on 16.2.2017. 3.

Learned counsel for the petitioner submitted that the petition under Section 13 B(2) of the Hindu Marriage Act, 1955 ('the Act') is listed on 13.8.2019 before the Family Court, Panchkula. Learned counsel for the petitioner further submitted that there is another petition listed on 23.8.2019 before the Punjab & Haryana High Court at Chandigarh for quashing of the FIR bearing No.302/2017 under Sections 498-A/406/34 of the IPC and the petitioner shall only make the statement in the petitions pending before the Family Court, Panchkula and the Punjab and Haryana High Court after the quashing of the FIR bearing No.314/2017 before this Court. 4.

Learned counsel for the petitioner further submitted that after the quashing of the present FIR, the petitioner shall co-operate with the respondent No.2 in getting pending petitions disposed of before the Family Court, Panchkula as well as before the Punjab and Haryana High Court as per the settlement arrived at between the parties. 5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection if the petition is allowed and the FIR bearing No.0314/2017, under Sections 324/380/506 of the IPC is quashed and she has already filed an affidavit in this regard.

6.

The petitioner undertakes that she shall appear before the Family Court on 13.8.2019 as well as before the Punjab and Haryana High Court at Chandigarh on 23.8.2019 and shall make necessary

statements as per the settlement arrived at between the parties. 7.

Learned counsel for the parties prayed that the present petition may be allowed and the FIR bearing No.0314/2017 may be quashed. 8.

The Investigating Officer ('IO') has identified the petitioner as well as respondent No.2 and has also verified the settlement. 9.

In view of the aforesaid facts and submissions as well as taking into consideration the settlement arrived at between the parties and the affidavit filed by the respondent No.2 on the record, this Court is also 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.0314/2017, under Sections 324/380/506 of the IPC, registered at P.S.: Malviya Nagar, Delhi and the proceedings emanating therefrom are quashed.

10.

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

CHANDER SHEKHAR, J AUGUST 07, 2019/rk