Anil Kumar Sadh & ANR v. The State & ANR

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3809/2018 ANIL KUMAR SADH & ANR ..... Petitioners Through:

Mr.Krishan N. Rana, Adv. with petitioners in person.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR..... Respondents Through:

Mr.Raghuvinder Verma, APP for the State with ASI Jatan Swaroop, PS Krishan Nagar.

Mr.Pramod Singh, Adv. with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 26.10.2018 Crl.M.A. No.29010/2018 (for delay of 30 days in re-filing the present petition) 1.

For the reasons stated in the application, the same is allowed and the delay of 30 days in re-filing the present petition is condoned. 2.

The application is disposed of.

CRL.M.C. 3809/2018 1.

Vide the present petition, the petitioners seek quashing of FIR No.0274/2014 dated 27.04.2014 under Sections 324/34 of the IPC registered at PS Krishan Nagar on the basis of a settlement dated 29.05.2017 arrived at by the parties before the Delhi Mediation Centre, Karkardooma Courts.

2.

Learned counsel for the petitioners submits that the marriage of the petitioner no.1's daughter was solemnised with the respondent no.2 on 02.12.2011. Soon thereafter, a complaint was made by the petitioner no.1's daughter, namely Sakshi, against her husband/ respondent no.2 and three of his family members, based on which, a FIR was registered against respondent no.2 and his family members on 26.09.2012. He submits that as a counterblast, the respondent no.2 had made a complaint against the petitioners pursuant whereto, the captioned FIR was registered against the petitioners under Sections 324/34 of the IPC.

3.

Learned counsel for the petitioners submits that the parties have now resolved their differences vide settlement agreement dated 29.05.2017 arrived at before the Delhi Mediation Centre, Karkardooma Courts. H e submits that pursuant to the settlement, the marriage between the petitioner no.1's daughter and respondent no.2 also stands dissolved vide order dated 27.11.2017 passed by the learned Family Court, Karkardooma Courts. He, therefore, prays that the aforesaid FIR and all proceedings emanating therefrom be quashed.

4.

The petitioners as also the respondent no.2 are present in Court. I have interacted with the respondent no.2 and he states that the agreement dated 29.05.2017 has been entered into by him out of his own free will without any coercion and he, therefore, prays that the FIR and all consequential proceedings be quashed. 5.

Having considered the submissions of the learned counsel for the parties and perused the record, I find that the present FIR arises

out of a matrimonial dispute which stands resolved. In these circumstances, I am of the opinion that no fruitful purpose will be served in continuing the aforesaid criminal proceedings. 6.

Accordingly, the petition is allowed and FIR No.0274/2014 dated 27.04.2014 under Sections 324/34 of the IPC registered at PS Krishan Nagar, and the proceedings emanating therefrom are quashed, subject to the petitioners depositing a sum of Rs.10,000/- with the Delhi High Court Staff Welfare Fund, within two weeks from today. A copy of receipt of deposit of costs will be handed over to the Investigating Officer for production before the learned Trial Court.

7.

The petition is disposed of in the above terms. REKHA PALLI, J OCTOBER 26, 2018 gm