Anoop Chopra & ORS v. Govt Of NCT Of Delhi & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4415/2018 ANOOP CHOPRA & ORS .... Petitioners Through:

Mr. Sanjeev Bajaj, Adv. with the petitioners in person versus GOVT OF NCT OF DELHI & ANR .... Respondents Through:

Mr.Ashish Dutta, APP with SI Dharmvir Singh, PS CWC Nanakpura, New Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.07.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.147/2012, under Sections 498-A/406/354/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: CWC Nanakpura, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Understanding/Settlement Deed dated 10.5.2018. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed subject to the condition that the FDR bearing No.MTL/TDR/I-074075 for an amount of Rs.6 lacs in the name of Kumar Nihit Chopra and FDR bearing No. MTL/TDR/I-074076 for an amount of Rs.6 lacs in the name of

Kumari Riya Chopra and the Term Deposit Advice for an amount of Rs.10 lacs which are lying deposited in MAT APP (FC) 80/2016 with the Registry of this Court, are released in her favour along with the interest.

4.

Learned counsel for the petitioners submitted that the petitioners have no objection if the aforesaid FDRs are released in favour of the respondent No.2 along with the interest. 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. 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.147/2012, under Sections 498-A/406/354/34 of the IPC, registered at P.S.: CWC Nanakpura, Delhi and the proceedings emanating therefrom are quashed. The Registrar General may release the aforesaid FDRs and the Term Deposit Advice along with interest, if any, to the respondent No.2, as per rules, in terms of Memorandum of Understanding/Settlement Deed dated 10.5.2018 on moving an appropriate application by the respondent No.2. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 08, 2019/rk