Deepak Jain v. The State & ANR.

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6113/2018 & CRL.M.A. 48664/2018 DEEPAK JAIN ..... Petitioner Through:

Mr. Tarun Khowal and Mr.

Sanjeev Khowal, Advs. with petitioner in person versus THE STATE & ANR.

.... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Dulear Singh, PS Safdarjung Enclave with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.12.2018 CRL.M.A. 48664/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 6113/2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.791/2015 under Sections 354-D/509 of the Indian Penal Code, 1860 (IPC), registered with Police Station Safdarjung Enclave, New Delhi and the proceedings emanating therefrom. 2.

Petitioners and the respondent No.2 submitted that they have settled the matter regarding which FIR was lodged due to some misunderstanding. It is also submitted that the matter was voluntarily

settled between the parties as is also evident from the order sheet dated 29.6.2017 of the Metropolitan Magistrate-03, Mahila Court (South Distt.), Saket, Delhi on their own free will, without any force or coercion.

3.

Respondent No.2 submitted that she is a working lady and wants to live her life peacefully. The aforesaid FIR was lodged due to some misunderstanding. She further submitted that the settlement has been arrived at between the parties on their free will, without any force or coercion and the present petition may be allowed and aforesaid FIR and proceedings emanating therefrom may be quashed. 4.

The Investigating Officer present in the Court identified the petitioners as well as the respondent No.2 and verified about the settlement.

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.791/2015 under Sections 354-D/509 of the IPC, registered with Police Station Safdarjung Enclave, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 03, 2018/rk