Sarfaraj Hussain @ Sonu & ORS. v. State & ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SARFARAJ HUSSAIN @ SONU & ORS.

..... Petitioners Represented by:

Mr.G.S.Sharma, Advocate versus STATE & ANR.

..... Respondents Represented by:

Ms.Kamna Vohra, ASC for the State with Ms.Sarabjeet Kaur and Ms.Pooja Malhotra, Advocates and SI Azad Singh, PS Ranhola

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.10.2018 Crl.M.A.No.35063/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.3291/2018 1.

By this petition, the petitioners seek quashing of FIR No.712/2014 under Sections 498A/406/34 IPC registered at PS Ranhola on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

2.

Learned Additional Standing Counsel for the State submits that besides the six petitioners one more accused Raju was charge sheeted however he has since died and thus in the above noted FIR the six petitioners are the only accused and the respondent No.2 is the only

complainant/victim.

3.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners and is now residing with the petitioners for the last more than two years. She further states that she has now no grievance against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. 4.

Petitioner Nos.1 to 5 who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement. Petitioner No.6 Shahjahan is not present. Learned counsel for the petitioners states that Shahjahan had to leave for an urgent work to UP, the native town where he has fallen ill and thus he could not appear before this Court. Petitioner No.6 is thus exempted from appearing before this Court.

5.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

6.

Consequently, FIR No.712/2014 under Sections 498A/406/34 IPC registered at PS Ranhola and proceedings pursuant thereto are hereby quashed qua all the petitioners.

7.

Petitioners Nos.1 to 5 and respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court. 8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 29, 2018 mamta