Sanjay Bhargava & ANR v. NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5167/2015, Crl. M.As 18618/2015 & 9666/2017 SANJAY BHARGAVA & ANR ..... Petitioners Through:

Mr.Madhukar Pandey, Adv. with Mr.B.P. Shukla, Adv.

versus NCT OF DELHI & ANR ..... Respondents Through:

Ms.Kusum Dhalla, APP for State Mr.J.K. Bhola, Adv. for R-2 S.I. Shri Gopal, P.S. Shakar Pur

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 31.05.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.927/2012, under Sections 380/451/506/34 IPC, registered at P.S. Shakar Pur and all the subsequent proceedings emanating therefrom.

Learned counsel for the petitioners submits that the petitioner No.1 and the respondent No.2 are real brother and sister and the petitioner No.2 is the wife of petitioner No.1.

Counsel further submits that some misunderstanding has arisen between the parties, which resulted into registration of the aforesaid FIR. He further submits that with the intervention of the Ld. Additional Sessions Judge-02 (FTC/NDD/PHC), New Delhi, parties entered into compromise vide Memorandum of Understanding dated 15.05.2017. He further submits that since the matter

has been amicably settled between the parties, the FIR in question is coming as hurdle in the way of the present petitioners & respondent No.2 and prays that the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, S.I. Shri Gopal. The complainant submits that the matter has been amicably settled with the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion and that she has no objection, if the FIR in question is quashed. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the petitioner No.1 and respondent No.2 are real brother and sister and also to have peace in the family, I deem it appropriate to quash the FIR in question. Consequently, the FIR No.927/2012, under Sections 380/451/506/34 IPC, registered at P.S.

Shakar Pur and all proceedings arising out of the same including Crl. Rev. P. 1562/2017 are hereby quashed. Parties to remain bound by terms of Memorandum of Understanding dated 15.05.2017 and the statement given before Ld. Additional Sessions Judge-02 (FTC/NDD/PHC), New Delhi on 15.05.2017. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.