Amit Malhotra & ANR. v. State Of NCT Of Delhi & ANR.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5719/2018 AMIT MALHOTRA & ANR.

..... Petitioners Through:

Mr. Chetanya Kakar, Advocate versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Ashish Dutta, APP with ASI Ashok Kumar, PS:Geeta Colony, Delhi Mr.

Manu Nayar & Ms.

Meenakshi Bhatia, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 14.11.2018 CRL.M.A.47195/2018 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 5719/2018 & CRL.M.A.47194/2018 1.

The petitioners have moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0360/2016, under Sections 354(B)/323/509/34 of the Indian Penal Code, 1860, registered at PS:Geeta Colony, Delhi and the proceedings emanating therefrom.

2.

Learned counsel for the petitioners and learned counsel for respondent No.2 submitted that the parties have settled their disputes, vide Compromise/Settlement dated 8.12.2016, with the efforts of their friends and relatives and the petitioner No.1 and respondent No.2 are living happily together with their two children since 24.11.2016. Learned counsel for the parties also submitted that the Assistant Commissioner of Police, CAW Cell, Dwarka District, on the basis of the settlement arrived at between the petitioner No.1 and respondent No.2 and after ascertaining the fact that respondent No.2 was living happily with petitioner No.1 in her matrimonial home, filed a final closure report on 15.12.2016.

3.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2. The IO has also verified the settlement effected between the parties. 4.

Respondent No.2 submitted that the settlement has been effected on her own free will, without any force, pressure or coercion. She further submitted that she has no objection to the petition being allowed and the quashing of the FIR. 5.

In view of the aforesaid circumstances and the settlement effected between the parties, this Court is of the view that no fruitful purpose would be served in keeping them entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.0360/2016, under Sections 354(B)/323/509/34 of the Indian Penal Code, 1860, registered at PS:Geeta Colony, Delhi

and the proceedings emanating therefrom are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 14, 2018 tp