W.P.(CRL)/1556/2017 of SAPNA & ORS Vs THE STATE NCT OF DELHI & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1556/2017 & Crl.M.A. 8686/2017 (stay)

SAPNA & ORS

..... Petitioner

Represented by: Mr. Banamali Shukla, Adv.

versus

THE STATE NCT OF DELHI & ANR

..... Respondent

Represented by: Mr. Sanjay Lao, ASC with SI Ram Bir Singh PS Subzi Mandi. R-2 in person.

CORAM:HON'BLE MS. JUSTICE MUKTA GUPTA

O R R27.02.2019

By the present petition the petitioners seek quashing of FIR No. 150/2016 under Sections 324/34 IPC registered at PS Subzi Mandi, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the four petitioners are the accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the W.P.(CRL) 1556/2017 page 1 of 3

petitioner No.1 being his wife before the Delhi High Court Mediation and Conciliation Centre at 19[th] December, 2018. Pursuant to the settlement petitioner No.1 and respondent No.2 have started living together in their matrimonial home at Sohan Ganj, Kohlapur Road, Near Yadav Matthiwala, Subzi Mandi. He states that he will abide by the terms of settlement arrived at between the parties and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 150/2016 under Sections 324/34 IPC registered at PS Subzi Mandi, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

W.P.(CRL) 1556/2017

Petition and application are disposed of. Order dasti.

FEBRUARY 27, 2019 ‘ga’

MUKTA GUPTA, J.

W.P.(CRL) 1556/2017