Anmol Gupta & ANR. v. State (NCT Of Delhi) & ANR

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2806/2016 ANMOL GUPTA & ANR.

..... Petitioners Through :Mr.

Mukesh Sharma, Mr.

Sahil Munjal and Mr. Ankur Dixit, Advs.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Richa Kapoor, ASC with Ms.

Mallika Parmar, Mr. Ashish Negi, Advs. and SI Sandeep Kumar, P.S.

Ashok Vihar for respondent no. 1 Mr. B.L. Madhukar, Mr. M.K. Saroja and Mr. Kapil Sharma, Advs. for respondent no. 2 with respondent no.

2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.09.2016 Crl. M.A. No. 14914/2016 (exemption) Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 2806/2016 Respondent no. 2 is the mother of petitioners. On the complaint of respondent no. 2, present FIR no. 539/2014 under Sections 323/324/336/34 IPC was registered at Police Station Ashok Vihar against the petitioners.

Respondent no. 2 has alleged in the FIR that on 1st September, 2014 at about 10:30 PM petitioners came in her room and quarrelled with her. They gave beatings to her.

When she raised alarm, petitioner no. 1 brought a bottle of Harpic and gave it to the petitioner no. 2 and told him to pour the same on the complainant, on which petitioner no. 2 poured Harpic on her abdomen. During the course of hearing, it has been submitted that respondent no. 2 was not having cordial relations with her husband, that is, father of petitioners. An FIR was registered against the father of petitioners on the complaint of respondent no. 2 under Sections 498-A/406 IPC at Police Station Ashok Vihar. Besides this, other cases under Section 125 Cr.P.C., Section 12 of Protection of Women from Domestic Violence Act, 2005 as well as divorce petition were also pending between the respondent no. 2 and her husband.

Matter has been settled between the parties.

FIR under Sections 498-A/406 IPC registered at Police Station Ashok Vihar has been quashed today.

Respondent no. 2 is present in Court and has been identified by SI Sandeep Kumar, P.S. Ashok Vihar. She submits that she has condoned the acts of petitioners and in view of the settlement she does not wish to pursue the present FIR any further. Keeping in mind that petitioners and respondent no. 2 have settled

their disputes amicably and respondent no. 2 does not wish to pursue the FIR any further, in the interest of justice, FIR no. 539/2014 under Sections 323/324/336/34 IPC registered at Police Station Ashok Vihar and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

SEPTEMBER 28, 2016 rb