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High Court of DelhiCRL.M.C./5427/2018

Ramakant Shandilya v. State & ANR.

2019-04-22Hon'Ble Mr. Justice Chander Shekhar2 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5427/2018 RAMAKANT SHANDILYA ..... Petitioner Through:

Mr. Shubham Karnwal and Mr.

Amit Kumar Singh, Advs. with the petitioner in person versus STATE & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Rakesh Kumar, PS Dwarka South, Delhi Mr. Abhishek Pandey, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.04.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.290/2013, under Section 354-A of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Dwarka South, Delhi and the proceedings emanating therefrom.

2.

The petitioner as well as respondent No.2 and their counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Understanding dated 3.12.2017.

3.

Respondent No.2 has reiterated the aforesaid facts and submitted that she is now living happily with the petitioner

since March, 2016 and she has no complaint whatsoever against the petitioner. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed. Learned counsel for the petitioner also submitted that in the interest of justice and for the welfare of the parties, as well as taking into consideration the fact that the parties are now living happily, the FIR may be quashed.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as 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. 290/2013, under Section 354-A of the IPC, registered at P.S.: Dwarka South, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 22, 2019/rk