Jaimeet Saran & ANR v. Gnct Of Dlehi & ANR

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + JAIMEET SARAN & ANR ..... Petitioner Represented by:

Ms. Samprikta Ghosal, Advocate.

versus GNCT OF DLEHI & ANR ..... Respondent Represented by:

Mr. Sanjay Lao, ASC with Insp. Joginder Singh, Crime Branch.

Mr. Rohit, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.08.2018 Crl.M.A. No. 29418/2018 1.

For the reason stated in the application early hearing is allowed. 2.

Application is disposed of.

W.P.(CRL) 1924/2018 and Crl.M.A. No. 11813/2018 1.

The writ petition and the application are taken up for hearing today. 2.

The date of 4th October, 2018 is cancelled.

3.

By the present petition, the petitioners seek quashing of FIR No. 420/2017 under Sections 448/456/341/34 IPC registered at PS Shalimar Bagh, Delhi on the complaint of Respondent No.2 and the proceedings

pursuant thereto on the ground that the parties have settled the matter. 4.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the two petitioners are the only accused and the respondent No.2 is the only complainant/ victim. 5.

Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that the FIR in question arises out of the matrimonial dispute between Rachit Banga, son of respondent No. 2 and petitioner No. 1, Jaimeet Saran and since the parties have settled the matter holistically vide the settlement agreement dated 19th February, 2018 arrived at before the CAW Cell, Nanakpura, New Delhi, copy whereof is annexed at pages 35 to 42 of the paper book. In terms of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties 6.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. 7.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

8.

Consequently, FIR No. 420/2017 under Sections 448/456/341/34 IPC

registered at PS Shalimar Bagh, Delhi and proceedings pursuant thereto are hereby quashed.

9.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

10.

Petition and application are disposed of. Order dasti. MUKTA GUPTA, J.

AUGUST 07, 2018 'yo'

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