Delhi High Court - Orders
1. Sh. Shiv Charan Sharma 2. Sh. Manoj ... vs 1.State Govt Of Nct Delhi 2. Xxxxxxx on 21 September, 2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4013/2022
1. SH. SHIV CHARAN SHARMA
2. SH. MANOJ KUMAR
3. SMT. OMWATI ..... Petitioners
Through: Mr G.S Panwar, Advocate
versus
1.STATE GOVT OF NCT DELHI
2. XXXXXXX ..... Respondents
Through: Ms Priyanka Dalal, APP for the State
SI Dinesh PS Nangloi
Ms Nanda, Advocate for R-2
CORAM:
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 21.09.2022 1.0 This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) for quashing of FIR No. 0692/2015 dated 10.09.2015 under Sections 354B/323/506/34 of the Indian Penal Code, 1860 (IPC) PS Nangloi, Delhi and all consequential proceedings, arising therefrom.
2.0 Petitioners are present in person and are identified by IO.
3.0 It is submitted that at the instance of petitioner no.3 herein i.e. Smt. Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:13.10.2022 15:31:49 Omwati, a cross FIR bearing no. 0703/2015 under Sections 354B/323/506/34 IPC was registered on 14.09.2015 at PS Nangloi against Balraj, Narender, Jaibar, Satnarain and Santosh (respondent no. 2 herein).
3.1 It is also submitted that the parties have now arrived at a settlement with the intervention of family, friends and respectable persons of the society on 15.06.2020. Copy of the settlement agreement is annexed as Annexure P-2.
3.2 It is further submitted that the petitioner no. 2 (husband) and the respondent no. 2 (wife) have joined each other's company on 15.04.2020 and are now living peacefully.
4.0 Respondent no. 2 is present in person and is identified by IO.
4.1 Respondent no. 2 submits that she has voluntarily and without any pressure from any corner has resolved her disputes and differences with the petitioners. Respondent no. 2 admits that she has already joined the company of the petitioner no. 2 and they are happily living together. She therefore, has no objection to quashing of the FIR.
5.0 Learned Prosecutor submits that in view of the parties having amicably resolved all the disputes and differences, State also has no objection to allowing of this petition and quashing of the aforesaid FIR.
6.0 In view of the above facts and circumstances, parties having settled Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:13.10.2022 15:31:49 their disputes and differences and are happily living together and as the respondent no. 2 does not wish to prosecute the matter, this Court is of the considered opinion that no purpose would be served by continuing with these proceedings. Rather, quashing of these proceedings would further the ends of justice by giving quietus to the matter and would enable the petitioner to move on in life and lead happily married life.
7.0 Thus, FIR No. 0692/2015 dated 10.09.2015 under Sections 354B/323/506/34 of the Indian Penal Code, 1860 (IPC) PS Nangloi, Delhi and all consequential proceedings arising therefrom, are hereby quashed.
8.0 The present petition stands disposed of accordingly.
POONAM A. BAMBA, J SEPTEMBER 21, 2022 g.joshi Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:13.10.2022 15:31:49