Sh. Nadeem Ahmad & ORS. v. State & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6237/2018 SH. NADEEM AHMAD & ORS.

.... Petitioners Through:

Mr. M. Rais Farooqui, Mr.Arif Ali Khan and Mr.Laelqu Shad Farooqui, Advs. with petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with ASI Hawa Singh, PS Nihal Vihar, Delhi Ms. Vipra Bhardwaj, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 25.01.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of charge-sheet under Sections 323/452/498-A/506/34 of the Indian Penal Code, 1860 (IPC), arising out of FIR No.526/2014 registered at Police Station Nihal Vihar, New Delhi and the proceedings emanating therefrom. 2.

The respondent No.2 has filed an additional affidavit on the record reaffirming that the parties have entered into a settlement agreement dated 24.3.2018 in case No.5551664/16 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi.

3.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the petitioner No.1 and respondent No.2 are living together in terms of the settlement dated 24.3.2018.

4.

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. 5.

The petitioners and the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion and they have no grievances whatsoever. The parties submitted that in the interest of justice as well as welfare of the family, the aforesaid FIR may be quashed and the petition may be allowed.

6.

The respondent No.2, present in the Court, submitted that she has no complaint against the petitioner No.1 and has been living happily with him and hence, in the interest of justice and for their well-being and welfare, the aforesaid FIR may be quashed and the petition may be allowed.

7.

In view of the aforesaid circumstances and the settlement arrived at between the parties as well as in the interest of justice and for welfare of the family, 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, the charge-sheet under Sections 323/452/498-A/506/34 of the IPC, arising out of FIR No.526/2014 registered at Police Station Nihal Vihar, New

Delhi and all the consequential proceedings arising out of the FIR are quashed.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 25, 2019/rk