W.P.(CRL)/3526/2024 of BARKHA MALHOTRA Vs STATE OF NCT OF DELHI & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3526/2024

BARKHA MALHOTRA

.....Petitioner

Through: Mr Shivender Kumar Sharma and Mr Urooj Chaudhary, Advs. versus

STATE OF NCT OF DELHI & ANR.

.....Respondents

Through: Mr Anand V Khatri, ASC for State SI Dilsukh, PS-KNK Marg, Rohini Mr Chirag Madan, Mr Rahul Agarwal and Mr Ronit Bose, Advs. for R-2. SI Dilsukh, PS-KNK Marg, Rohini Mr Chirag Madan, Mr Rahul Agarwal and Mr Ronit Bose, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGHO R R% 12.11.2024

CRL.M.A. 33760/2024

1.Exemption allowed, subject to all just exceptions.

2.The application stands disposed of.

W.P.(CRL) 3526/2024

3.This is petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking quashing of FIR No. 546/2022, dated 27.09.2022 registered at PS K.N. Katju Marg under section 304-A IPC, and consequential proceedings emanating therefrom.

4.Briefly stating the facts as per the FIR is that complaint was made against the petitioner for committing murder of her father-in-law by not providing his vital heart medications. The petitioner is the daughter-in-law

of Late Sh. Vinod Kumar Malhotra (deceased) and the complainant is the daughter of the deceased.

5.It is stated that the dispute between the parties took place due to some misunderstanding.

6.During the pendency of the proceedings, the parties have arrived at an amicable settlement wherein the respondent No.2/complainant has settled the disputes with the petitioner and has agreed to cooperate in quashing of the FIR No. 546/2022. The settlement took place before the Delhi High Court Mediation & Conciliation on 18.09.2024 and I am satisfied that the same is in accordance with law.

7.The petitioner is present physically in Court today and has been identified by her counsel namely, Mr Shivender Kumar Sharma.

8.The respondent No.2/complainant is also present in Court today and is appearing through VC and has also been identified by her counsel namely, Mr. Chirag Madan.

9.Respondent No.2 states that she has no grievance against the petitioner and has no objection, if the FIR in question is quashed.

10.Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.

11.Since the parties have arrived at settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.

12.For the reasons stated above, FIR No. 546/2022, dated 27.09.2022 registered at PS K.N. Katju Marg under section 304-A IPC, and consequential proceedings emanating therefrom is hereby quashed.

13.The petition is disposed of accordingly.

NOVEMBER 12, 2024sr

JASMEET SINGH, J

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