Ramesh Kumar & ORS v. State & ANR

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3574/2018 RAMESH KUMAR & ORS .... Petitioners Through:

Mr. Abhishek Goyal, Adv. with P-1,2,4,5,6 and 7 in person versus STATE & ANR .... Respondents Through:

Mr. Ashish Dutta, APP with SI Ashish Shrma, PS Welcome, Delhi Ms. Meenakshi, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.07.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.334/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Welcome, Delhi and the proceedings emanating therefrom.

2.

Learned counsel for the petitioners submitted that the petitioner No.3 expired on 19.1.2018 and the copy of her Death Certificate has already been filed on record.

3.

Respondent No.2 has filed her affidavit as well as her proof of identity on record.

4.

The petitioners and respondent No.2 as well as the 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 Delhi Mediation Centre, Karkardooma Courts, Delhi on 7.4.2018. 5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she and the petitioner No.1 are living together as husband and wife and she does not want to continue criminal proceedings against the petitioners. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed.

6.

Learned counsel for the petitioners submitted that since the matter has been settled and the petitioner No.1 and respondent No.2 are living together as husband and wife, the present petition may be allowed and the FIR may be quashed.

7.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner Nos.1,2,4,5,6 and 7 as well as respondent No.2 and has also verified the settlement arrived at between the parties. The IO has also verified the Death Certificate of the petitioner No.3.

8.

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.334/2016, under Sections 498-A/406/34 of the IPC, registered at P.S.: Welcome, Delhi and the proceedings emanating therefrom are quashed.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 11, 2019/rk