Divye Bansal & ORS. v. State & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5481/2018 & CRL.M.A. 35146/2018 DIVYE BANSAL & ORS.

.... Petitioners Through:

Mr. Varun Mittal and Mr.

Kunal Mittal, Advs. with the petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP SI Manish Tyagi, PS SP Badli, Delhi Mr. Praveen Kumar Singh and Mr. Sandeep Kumar Mishra, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.375/2013, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Samaypur Badli, Delhi and the proceedings emanating therefrom.

2.

Fresh affidavit as well as proof of identity of respondent No.2 stands filed.

3.

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 vide a Settlement Deed dated

6.10.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner No.1 and she are living together happily since 12.10.2018. 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.

5.

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. 6.

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.375/2013, under Sections 498A/406/34 of the IPC, registered at P.S.: Samaypur Badli, Delhi and the proceedings emanating therefrom are quashed. The parties shall remain bound by the terms and conditions of the settlement.

7.

Petition is disposed of in above terms. Pending application also stands disposed of.

CHANDER SHEKHAR, J MAY 23, 2019/rk