Shri Radhey Kishan & Another v. State & Another

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4304/2018 SHRI RADHEY KISHAN & ANOTHER ..... Petitioners Through:

Ms. Cherry Singh, Advocate versus STATE & ANOTHER ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Bhupender, PS:Rohini (South), Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 10.04.2019 1.

Status report filed, wherein it is stated that the matter stands settled between the parties.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.228/2003, under Sections 406/498A/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Rohini, Delhi and the proceedings emanating therefrom. 3.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion. 4.

Respondent No.2, who is present in Court with her brother, has reiterated the aforesaid facts and submitted that since the matter stands settled between the parties, she has no objection to the petition being allowed and the FIR being

quashed. In this regard, respondent No.2 has filed an affidavit, wherein she has specifically stated that she has settled the matter with the petitioners on account of the death of her husband as well as the death of the son of the petitioners. 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.

6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age of the petitioner Nos.1 and 2, i.e, 74 years and 68 years old respectively and the socio-economic background of the petitioners, I deem it appropriate to give them a chance to reform and reintegrate into the society as productive members. Accordingly, in the interest of justice, FIR No. 228/2003, under Sections 406/498A/34 of the IPC, registered at P.S.:Rohini, Delhi and all the proceedings emanating therefrom are quashed 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 10, 2019 tp