Sushma Soin & ORS v. State (NCT Of Delhi) & ANR

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6527/2018 SUSHMA SOIN & ORS .... Petitioners Through:

Mr. Shubham Gupta, Advocate versus STATE (NCT OF DELHI) & ANR .... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Sandeep Yadav, PS:

Mehrauli, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 20.12.2018 CRL.M.A.50323/2018 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.A.50324/2018 In view of the cause submitted, delay in re-filing the petition is condoned. The application is disposed of. CRL.M.C. 6527/2018 1.

The petitioners have moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC) for quashing of FIR No.2440/2015, under Section 448 of the Indian Penal Code, 1860 („IPC‟), registered at PS:Mehrauli,

New Delhi and the subsequent proceedings emanating therefrom.

2.

The petitioners and respondent Nos.2 and 3 and their respective counsel submitted that the petitioners and respondent Nos.2 and 3 have resolved their disputes on their own free will, without any force, pressure or coercion and they may be given a chance to reform and live their lives as good citizens and undertake that they shall not get involved in any criminal activities in future.

3.

Respondent Nos.2 and 3, who are present in Court, reiterated and submitted that the Settlement has been effected on their own free will, without any force, pressure or coercion and they do not want to pursue the criminal proceedings and they have no objection to the petition being allowed and the FIR being quashed.

4.

Learned APP, on instructions from the IO, has identified the petitioners as well as the respondents and has also verified the settlement arrived at between the parties. The learned APP stated that in view of the submissions of the learned counsel for the parties, taking into consideration their age, the nature of the dispute and their intention to live as good citizens, this Court may give the parties a chance to reform and mix-up with the mainstream of the society as good citizens.

5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the assurance given by the

parties that they shall not fight in future and may be given a chance to reform and allowed to live happy and peaceful lives, 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. 2440/2015, under Section 448 of the Indian Penal Code, 1860 („IPC‟), registered at PS:Mehrauli, New Delhi and the subsequent proceedings emanating therefrom are quashed 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 20, 2018 tp