Ashish Bhutani & ORS. v. State & ANR.

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6564/2018 ASHISH BHUTANI & ORS. ..... Petitioners Through:

Mr. Prince Arora, Advocate.

versus STATE & ANR. ..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Satyawan, PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 01.02.2019

1. Special Power of Attorney executed by the petitioner No. 3 in favour of the petitioner No. 1 is already filed on record.

2. The present petition is filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR. No. 749/2015 under Sections 498-A and 406 of the Indian Penal Code, 1860 registered at P.S. Uttam Nagar, West Delhi.

3. The petitioner and the respondent No. 2 who are present with their respective counsel in the Court submitted that the parties have already settled their disputes on their own free will without any force, pressure or coercion by recording

their joint statement before the Principal Judge, Family Courts, West, Tiz Hazari Courts, Delhi on 16.05.2018.

4. The respondent No. 2 reiterated the aforesaid facts and submitted that the petitioner No. 1 and the respondent No. 2 are now living together under one house and under one roof and they have no complaints, whatsoever against each other. Respondent No. 2 further stated that for the welfare of the family, she has no objection to the petition being allowed and the FIR being quashed.

5. The Investigating Officer ('IO') who is present in the Court has identified the petitioner No.1 as well as the respondent No. 2 and has also verified about the fact that both the parties are now living together happily.

6. In view of the aforesaid facts and 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 749/2015 under Sections 498-A and 406 of the Indian Penal Code, 1860 registered at P.S. Uttam Nagar, West Delhi and all the proceedings emanating therefrom are quashed.

7. The petition is disposed of.

CHANDER SHEKHAR, J FEBRUARY 01, 2019 MR