Narender Yadav & ORS v. State (Govt. Of NCT Of Delhi) & ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4030/2018 NARENDER YADAV & ORS .... Petitioners Through:

Mr. Pankaj Mehta, Ms. Shweta Soni and Mr. Harshit Agarwal, Advs. with petitioners in person versus STATE (GOVT. OF NCT OF DELHI) & ANR .. Respondents Through:

Mr.Ashish Dutta, APP with SI Lalit Chauhan, PS Timar Pur, Delhi Mr. Dushyant Kumar, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.113/2013 dated 7.5.2013, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Timarpur, Delhi and the proceedings emanating therefrom.

2.

Special Power of Attorneys have been filed by the petitioner Nos.5 and 7 in favour of the petitioner No.1, however, petitioner No.5 is present in the Court today.

3.

The petitioners as well as respondent No.2 and their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of

Understanding dated 5.8.2016.

4.

Respondent No.2 has filed response by way of affidavit as well as proof of identity on record mentioning in the affidavit that she is now living happily with the petitioner No.1 since 5.8.2016 and does not want to continue the aforesaid FIR. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed. Learned counsel for the petitioners also submitted that in the interest of justice and for the welfare of the parties, as well as taking into consideration the fact that the parties are now living happily, the FIR may be quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. The IO has also verified the Special Power of Attorneys executed by the petitioner Nos.5 and 7 in favour of the petitioner No.1. 6.

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.113/2013 dated 7.5.2013, under Sections 498A/406/34 of the IPC, registered at P.S.: Timarpur, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 13, 2019/rk