Lalit Goel & ORS v. State (NCT Of Delhi) & ANR
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2924/2015 LALIT GOEL & ORS ..... Petitioners Through:
Mr.Sahil Munjal & Ms.Aishwarya Vikal, Advocates versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:
Mr.Rajesh Mahajan, ASC for State with Ms.Parul Jamwal, Advocate with SI Mahabir PS Begumpur Mr.Mukesh Sharma, Mr.Varun Mittal & Ms.Sukansha Aggarwal, Advocates for R-2
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
O R D E R
% 21.01.2016 Crl.M.A. No.18206/2015 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.
W.P.(CRL) 2924/2015 1.
The present writ petition has been filed by the Petitioners under Article 226 of Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.300/2013, under Sections 420 IPC, P.S. Begumpur, Delhi.
2.
Briefly stating the facts of the present case are that the daughter of petitioner No.1 got married to Respondent No.2 on 14.02.2013 according to Hindu rites and ceremonies. It is mentioned in the petition that due to temperamental differences and conflicts, Petitioner No.2 and Respondent
No.2 could not live together and started living separately from 18.08.2013. After the separation, Petitioner No.2 got a case registered against respondent No.2 as well as his family members being, FIR No.816/2013 under Sections 498A/301, 323, 406, 506/34 IPC PS Sahibabad, U.P., which had already been quashed by the High Court of Allahabad. The sister of respondent No.2 got a case registered against petitioner No.1 being FIR No.33/2014 under Section 506 IPC PS Indirapuram, Sadar Ghziabad, U.P. The FIR in question being FIR No.300/2013 under Section 420 IPC PS Begumpur, was got registerd by the Responent No.2 agaisnt his father-in-law i.e., petitioner No.1. It is for quashing of this FIR i.e. FIR No.300/2013 under Section 420 IPC PS Begumpur, Delhi that this petition has been filed. It is mentioned in the petition that during the pendency of above proceedings, the matter was referred the Principal Judge, Family Court, Rohini, where parties arrived at an amicable settlement. The joint statement of amicable settlement of the parties is annexed as Annexure P-2 to the petition. 3.
Today all the petitioners are present in person with their counsel. It is informed by the learned counsel for the complainant/Respondent No.2 that complainant is unable to appear as his father is admitted in hospital and submits that he has settled the matter with the Petitioners before the Principal Judge, Family Court, Rohini. Learned counsel for Respondent No.2 further submits that he has instructions to submit on behalf of respondent No.2 that respondent No.2 has no objection if the FIR in question is quashed qua the Petitioners. Petitioners as well as counsel for Respondent No.2 submit that the parties shall abide by the terms and conditions of the settlement arrived at before the Principal Judge, Family
Court, Rohini. It is prayed that since they have arrived at an amicable settlement, FIR No.300/2013, under Sections 420 IPC, P.S.Begumpur, Delhi may be quashed.
4.
On behalf of the State, learned ASC submits that since the parties have arrived at an amicable settlement before the Principal Judge, Family Court, Rohini and have no grievance whatsoever left against each other, appropriate orders may be passed.
5.
In view of amicable settlement arrived at between the parties, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futile and wastage of precious time of the Court. 6.
Accordingly, the petition is allowed and FIR No.300/2013, under Sections 420 IPC, P.S.Begumpur, Delhi and consequential proceedings arising therefrom are hereby quashed. However, it is directed that Parties shall abide by the terms and conditions of the full and final settlement arrived at between the parties before the Principal Judge, Family Court, Rohini, copy of which is placed on record as Annexure-P2. Order dasti.
JANUARY 21, 2016 PRATIBHA RANI, J.
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