CRL.M.C./5212/2018 of SANDEEP KUMAR & ORS Vs THE STATE ( NCT OF DELHI) & ORS

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 5212/2018, CRL MA 34040/2018

SANDEEP KUMAR & ORS..... PetitionersThroughMr. Gaurav Kochar, Adv

versus

THE STATE ( NCT OF DELHI) & ORS..... RespondentsThroughMs. Aashaa Tiwari, APP for StateSI Sonu, PS Seema PuriMr. Nitin Arora, Adv for R-2 & 3with R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R R%10.10.2018

Notice. Learned APP accepts notice on behalf of respondentno.1. Respondent nos. 2 and 3 are present in court along with theircounsel and accept notice. They have been identified by SI Sonu ofpolice station Seema Puri.

FIRNo.809/2014undersections498A/304BIPCwasregistered at police station Seema Puri on the complaint of respondentno.2 Sadhu Ram, father of the deceased. During investigation, offenceunder section 34 IPC was also added.Petitioner nos. 2 and 3 areparents of petitioner no.1. It is submitted that petitioners weredischarged for offence under section 304B IPC by the Trial Courtvide order dated 28[th]January, 2015. Respondent no.1/State preferredCrl Rev. P. 460/2015 titled as State (Govt. of NCT) vs. SandeepKumar & Ors. against the order of discharge which was dismissed by

the learned Single Judge of this Court vide judgment dated 19[th]September, 2016. Copy of the judgment has been produced beforethe Court and has been perused.

Trial is pending only for the offences under sections 498A/34IPC. During the trial, petitioners and respondent nos. 2 and 3 havesettled their disputes vide Compromise Deed dated 18[th]September,2018. It is submitted that in view of the settlement, the aforesaid FIRundersections498A/34IPCandtheconsequentproceedingsemanating therefrom, may be quashed.

Respondent nos. 2 and 3 admit that the matter has been settledwith the petitioners of their own free will and without any undueforce, pressure or coercion in terms of the Compromise Deed dated18[th]September, 2018.They further submit that they have noobjection in case FIR No.809/2014 under sections 498A/34 IPCregisteredatpolicestationSeemaPuriandtheconsequentproceedings are quashed against the petitioners.

Keeping in mind the settlement arrived at between thepetitioners and respondent nos. 2 and 3 voluntarily, in my view, nofruitful purpose would be served to keep the criminal proceedingspending. Accordingly, in the interest of justice, aforesaid FIR and theconsequent proceedings for the offence under Section 498/34 IPC arequashed.

Petition is disposed of in the above terms.Miscellaneousapplication is disposed of as infructuous. Dasti.

A.K. PATHAK, J

OCTOBER 10, 2018/sm