Pawan & ANR. v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4729/2018 and Crl. M.A. no. 32249/2019 PAWAN & ANR.

..... Petitioners Through Mr. Durgesh Kumar Pandey and Mr.

Arun Singh, Advs.

Versus

STATE & ORS.

..... Respondents Through Mr.

Rajat Katyal, Adv.

with SI Sunder Singh, P.S. BHD Nagar Mr.

Dhananjai Kaushal and Mr.

Ravinder Mahandru, Advs.

with respondent nos. 2 and3

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.09.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent nos.2 and 3 are present in Court along with their counsel and accept notice.

They have been identified by SI Sunder Singh of police station Baba Haridass Nagar.

It is submitted that petitioner no. 1 is brother-in-law of respondent nos. 2 and 3. Petitioner no. 2 is brother of petitioner no. 1. It is further

submitted that there was marital discord between the petitioner no. 1 and his wife.

A quarrel took place between petitioners and private respondents on some trivial issues, which led to registration of FIR no. 303/2015 under Sections 307/34 IPC at police station Baba Haridass Nagar on the complaint of respondent no. 2.

It is further submitted that matter has been settled between the petitioners and private respondents, vide a Memorandum of Understanding/Settlement Deed dated 17th August, 2018. It is further submitted that husband and wife are living together, therefore, aforesaid FIR and consequent proceedings emanating therefrom may also be quashed in order to put a quietus to the disputes between the family members. Rrespondents submit that they have settled the matter with petitioners of their own free will, voluntarily and without any undue force, pressure or coercion and have no objection in case aforesaid FIR and consequent proceedings emanating therefrom are quashed.

Affidavits of respondent nos. 2 and 3 are also on record.

Keeping in mind the settlement arrived at between the petitioners and private respondents voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the

interest of justice, aforesaid FIR and consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

SEPTEMBER 17, 2018 r.bararia