Sandeep Singh Khinda v. State & ANR.

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C.

6217/2018 and Crl.

M.A.

nos.

49112/2018 and 50080/2018 SANDEEP SINGH KHINDA ..... Petitioner Through Mr. Amit Mahajan, Mr. Arun Khatri and Mr.

Nadeem, Advs.

with petitioner in person versus STATE & ANR.

..... Respondents Through Ms.

Manjeet Arya, APP with Inspector Rajeev Kumar, P.S. Vasant Kunj South Mr. Anurag Ahluwalia, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.12.2018 Learned APP submits that there are four other accused in the matter, namely, Alok Saxena, Anuj Gupta, Rasu Sharma and M/s.

Sify Technologies Limited. On the oral prayer made by the learned counsel for petitioner, these are impleaded as respondent nos. 3 to 6. Amended memo of parties has been filed and taken on record. Learned counsel for the respondent no.2 submits that respondent no.2 has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion, vide a Settlement Deed dated 23rd

August, 2018. Respondent nos. 3 to 6 are relatives of petitioner. Terms of the settlement have already been complied with. Respondent no. 2 has no objection in case FIR No. 278/2018 under Sections 420/468/471/120-B IPC registered at Police Station Vasant Kunj South and consequent proceedings emanating therefrom are quashed against the petitioner and respondent nos. 3 to 6.

Respondent no. 2 had appeared in Court on 7th December, 2018 and stated that based on the settlement, she has decided to part ways with petitioner amicably and does not want the criminal proceedings to continue any further against any of the accused persons, as it will cause not only acrimony between the parties but also cause grave hardship to her. It is noted that marriage between the petitioner and respondent no. 2 has already been dissolved by a decree of divorce dated 3rd December, 2018. It is noted that present FIR is an offshoot of the marital discord between the parties and respondent no.2. Today petitioner has deposited `1,00,000/- with Delhi High Court Advocates Welfare Trust (Regd.).

Keeping in mind the settlement arrived at between the petitioner and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending against the petitioner as

well as respondent nos. 3 to 6.

Accordingly, in the interest of justice, aforesaid FIR and consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

DECEMBER 18, 2018 r.bararia