Santosh v. The State & ORS

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4814/2018 SANTOSH ..... Petitioner Through:

Mr.

Yogesh Choudhary, Advocate versus THE STATE & ORS ..... Respondents Through:

Mr. Mukesh Kumar, APP Mr. Yogesh Basita, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.09.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.48/2007, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: S.P. Badli, Delhi and the proceedings emanating therefrom.

2.

Petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Compromise Deed-cum-Memorandum of Agreement on 23.5.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since her husband has expired on 22.11.2014, she has no objection to the petition being allowed and the FIR being quashed.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner and the respondent No.2 and has also verified the settlement arrived at between the parties. 5.

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.48/2007, under Sections 498A/406/34 of the IPC, registered at P.S.: S.P. Badli, Delhi and the proceedings emanating therefrom are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 24, 2019 tp