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High Court of DelhiCRL.M.C./6307/2018

Atul Kumar & ORS. v. State (NCT Of Delhi) & ANR.

2019-05-15Hon'Ble Mr. Justice Chander Shekhar2 pages

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6307/2018 ATUL KUMAR & ORS.

..... Petitioners Through:

Ms. Divya Attri, Advocate versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Yogendra Kumar, PS:Burari, Delhi Counsel for respondent No.2(name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.05.2019 1.

Learned counsel for respondent No.2 submitted that the respondent No.2 has filed her affidavit in the Registry, however, the same is not on record. A copy of the same is placed on record, wherein she has stated that she is living with the petitioners in her matrimonial home.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.471/2016, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Burari, Delhi and the proceedings emanating therefrom. 3.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion

before the Delhi Mediation Centre, Tis Hazari Courts on 28.7.2017.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she is now living happily with the petitioners and has no complaint whatsoever against them. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being 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, 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.471/2016, under Sections 498A/406/34 of the IPC, registered at P.S.: Burari, Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 15, 2019 tp