Amit Sharma & ORS v. State & ANR

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6125/2018 & CRL.M.A. 48715/2018 AMIT SHARMA & ORS .... Petitioners Through:

Mr. Arvind Bhardwaj and Ms.

Varsha Aggarwal, Advs. with the petitioners in person versus STATE & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Rahul Kumar, PS Laxmi Nagar, Delhi Ms. Richa Dhawan, St. Counsel (DHCLSC) for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.170/2013, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Shakarpur, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Agreement dated 5.9.2017 in terms whereof the parties agreed to settle their disputes including the quashing of the aforesaid FIR and the proceedings emanating therefrom.

3.

Learned counsel for the parties submitted that the petitioners have already paid a sum of Rs.6 lacs to the respondent No.2 in terms

of the settlement arrived at between the parties and the petitioners have also paid an additional sum of Rs.25,000/- to the respondent No.2 in compliance of the order dated 13.3.2019 in Crl.M.C. 820/2018, FIR No. 963/2014, under Sections 323/354/506/509/34 of the IPC, registered at P.S.: Shakarpur, New Delhi, hence, in view of the Settlement Agreement dated 5.9.2017, the present petition may be allowed and the FIR may be quashed.

4.

Respondent No.2 has also reiterated the aforesaid facts and submitted that the petition may be allowed and 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 as well as taking into consideration the interest of the life of the family of the petitioners, 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.170/2013, under Sections 498-A/406/34 of the IPC, registered at P.S.: Shakarpur, New Delhi and the proceedings emanating therefrom are quashed.

7.

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

CHANDER SHEKHAR, J APRIL 03, 2019/rk