Dinesh Sarin v. State & ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5903/2018 DINESH SARIN ..... Petitioner Through:

Mr. Manu Shishodia & Mr.

Mahendra Bairwa, Advocates versus STATE & ANR.

..... Respondents Through:

Mr.Ashish Dutta, APP with ACP Yashoda Rawat, Inspector Seema Singh, SHO & IO/ASI Vijay Pal, PS:CAW, Nanakpura, Delhi Mr. Sunil Kumar, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.05.2019 CRL.M.A.47875/2018 In view of the cause submitted in the application, delay in re-filing the petition is condoned. Application is disposed of. CRL.M.C. 5903/2018 1.

Learned counsel for the petitioner has filed the certified copy of the proceedings before the Trial Court, stating that Ms. Anju Sareen and Mr. I.K. Sareen stand discharged by the Trial Court and Ms. Sudershan Sareen has expired on 16.9.2014. IO, present in Court, has verified this fact and stated the same to be correct.

2.

Status report stands filed.

3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.63/2008, under Sections 498-A/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: CAW, Nanak Pura, Delhi and the proceedings emanating therefrom. 4.

The 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 before the Court of learned Additional Principle Judge, Family Court, Delhi on 28.4.2018.

5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable from the petitioner, she has no objection to the petition being allowed and the FIR being quashed.

6.

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. 7.

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.63/2008, under Sections 498-A/406 of the IPC, registered at P.S.: CAW, Nanak Pura, Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 13, 2019 tp