Manoj Soni & ANR. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4473/2016 MANOJ SONI & ANR.

..... Petitioners Through:

Mr.Abhishek Agarwal and Mr.Abhishak Kumar, Advocates with the petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Ms.Kusum Dhalla, APP for State with ASI Dharamvir Singh, P.S. CWC, Nanakpura, New Delhi.

Mr.Birpal Singh, Advocate for R2 with R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.11.2016 Crl.M.A.No.18704/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4473/2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR bearing No.59/2013, under Sections 498-A/406/34 IPC, registered at Police Station CAW Cell, Nanakpura, New Delhi and all proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioner No.1

Sh. Manoj Soni is the brother-in-law and the petitioner No.2 Smt. Santosh Soni is the mother-in-law of the respondent No.2/complainant. Counsel further submit that due to some misunderstanding arisen between the parties, an FIR bearing FIR No.59/2013, under Sections 498-A/406/34 IPC was registered at Police Station CAW Cell, Nanakpura, New Delhi by the respondent No.2/complainant. He further submits that after the registration of the FIR, with the intervention of the friends and near relatives and through the process of mediation, the matter has been amicably settled between the parties. Learned counsel for the petitioners further submits that since the matter has been amicably settled between the parties, the present FIR, which is coming in the way of peaceful life of the parties, may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, ASI Dharamvir Singh, P.S. CAW, Nanakpura, New Delhi and her counsel, Mr.Birpal Singh, Advocate. The respondent No.2/complainant admits that she has amicably settled/compromised the matter with the petitioners. She submits that nothing further is to be adjudicated between the parties. She further submits that the settlement arrived at between the parties is voluntary and without any force, pressure or coercion. She further submits that she has no objection if the present FIR is quashed.

Looking into the facts and circumstances, since the matter has been amicably settled/compromised between the parties vide settlement deed dated 10th April, 2015 and that the parties are relatives, therefore, to meet the ends of justice and to have better relations amongst them in near future, it is appropriate and expedient to quash the FIR in question and all proceedings

arising therefrom. Consequently, FIR bearing No.59/2013, under Sections 498-A/406/34 IPC, registered at Police Station CAW Cell, Nanakpura, New Delhi and all proceedings arising therefrom are hereby quashed. Parties shall remain bound by the terms of the settlement deed dated 10th April, 2015 executed between the parties before the Mediation Centre, Tis Hazari Courts, Delhi.

The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J NOVEMBER 30, 2016 'dc'