Rachna Chopra & ANR v. State & ANR

2# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2991/2017 RACHNA CHOPRA & ANR ..... Petitioners Represented by:

Mr. Mukul Rawal, Advocate with petitioners in person.

versus STATE & ANR ..... Respondents Represented by:

Ms. Richa Kapoor, Additional Standing Counsel for the State with SI Mangal Ram, PS Rajouri Garden.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.12.2017 By the present petition the petitioners seek quashing of FIR No. 464/2017 under Sections 363/34 IPC registered at PS Rajouri Garden, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from the Investigating Officer submits that the petitioner No.1 and respondent No.2 were married on 22nd November, 2011 and in the above noted FIR the allegations are of kidnapping of the minor daughter aged five years of the petitioner No.1 and respondent No.2 by the petitioner. Thus in the above noted FIR the petitioners are the only accused and the respondent No.2 is the only complainant/victim.

The complainant/Respondent No. 2, who is present in Court and is W.P.(CRL) 2991/2017

identified by the Investigating Officer states that he has settled the matter with the petitioners and the petitioner No.1 and respondent No.2 are living happily as married couple at the matrimonial home and he has no cause of grievance now against the petitioners. He states that in terms of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent No.2 and state that since matrimonial dispute between the petitioner No.1 and respondent No.2 has been settled, they pray that the FIR in question be quashed.. 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.

Consequently, FIR No. 464/2017 under Sections 363/34 IPC registered at PS Rajouri Garden, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 20, 2017/'vn'

W.P.(CRL) 2991/2017