Sh. Ajay Dixit @ Ram Kumar Dixit & ORS. v. State & ANR.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5491/2018 & CRL.M.A. 9712/2019 SH. AJAY DIXIT @ RAM KUMAR DIXIT & ORS.

.... Petitioners Through:

Petitioners in person with counsel (name not given) versus STATE & ANR.

.... Respondents Through:

Mr.Ashish Dutta, APP with SI Ramesh Kumar, PS Nihal Vihar, Delhi Mr. Rajesh Kumar Pandey, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 27.05.2019 CRL.M.A. 9712/2019 (for condonation of delay) In view of the cause submitted in the application, the delay in filing the affidavit of respondent No.2 is condoned. Application stands disposed of.

CRL.M.C. 5491/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.41/2011, under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Nihal Vihar, Delhi and the proceedings emanating therefrom.

2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion which is evident by their joint statement before the Judge, Family Courts (West), Delhi on

23.7.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she is now living happily with the petitioner No.1 and has no grievance whatsoever against the petitioners. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed. Learned counsel for the petitioners 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 petitioners 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.41/2011, under Sections 498A/406/34 of the IPC, registered at P.S.: Nihal Vihar, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 27, 2019/rk