Delhi High Court - Orders
Smt. Sarita & Anr vs The State (Govt. Of Nct Of Delhi) & Anr on 20 January, 2023
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3100/2022, CRL.M.A. 27295/2022 & 27296/2022
SMT. SARITA & ANR. ..... Petitioner
Through: Mr. Atul Kumar Sharma and Mr.
Pawan Kumar, Advs. with Mrs. Sarita
and Mrs. Kajal.
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondent
Through: Mr. Amol Sinha, ASC for the State
with Mr. Kshitiz Garg and Ms. Chavi,
Advs. with SI Sunder Singh, PS
Nangloi.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 20.01.2023 CRL.M.A. 27295/2022 Exemption allowed subject to just exceptions. W.P.(CRL) 3100/2022 alongwith CRL.M.A.27296/2022 (Condonation of delay in re-filing)
1. This petition has been moved for quashing of FIR No.319/2017 registered at PS Nangloi under Sections 498/406/34 IPC on the ground that the brother of the petitioners was married to respondent No.2 and has since passed away. As per the learned counsel for the petitioner, this complaint by respondent No.2 arose out of matrimonial dispute and as per his information, the respondent No.2 does not wish to pursue this any further. Respondent No.2 is present through VC as well as her counsel, Mr. Yogesh Chaudhary and she states that she has no objection to the quashing of the Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:21.01.2023 17:05:38 FIR. She had made the same statement before the Ld. Trial Court on 23rd October, 2021, which is on record of this Court.
2. Considering the above settlement between the parties and chances of conviction of the petitioners being remote and bleak, there is no use to continue with proceedings of the present FIR as the complainant has settled all disputes with the petitioner. Accordingly, the petition is allowed. Consequently, the of FIR No.319/2017 registered at PS Nangloi under Sections 498/406/34 IPC and proceedings emanating therefrom are quashed.
3. Parties shall abide by the terms of settlement.
4. Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
5. Order be uploaded on the website of this Court.
ANISH DAYAL, J JANUARY 20, 2023/MK Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:21.01.2023 17:05:38