Sanni Kumar Yadav @ Sunny & Anr. v. State & Anr.

Delhi High Court · 15 Sep 2017 · 2017:DHC:5518
Vinod Goel
W.P. (Crl.) No.1861/2017
2017:DHC:5518
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 365/34 IPC following an amicable settlement between the parties, exercising its inherent powers under Section 482 Cr.P.C. and writ jurisdiction under Article 226.

Full Text
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W.P. (Crl.) No.1861/2017 HIGH COURT OF DELHI
W.P.(CRL) 1861/2017 & Crl.M.A. 10350/2017
SANNI KUMAR YADAV @ SUNNY & ANR ..... Petitioners
Through Mr.Anuj Tomar, Adv. with petitioners in person.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Piyush Singhal, Adv. for Mr.Ashish Aggarwal, ASC for State with SI
Bhagwati Prasad, P.S. Nangloi.
Ms.Ruchi Kapur, Adv. for R-5 with respondent No.5 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL O R D E R 15.09.2017
JUDGMENT

1. Respondent no. 5 is present in court. She is being represented by her counsel. She is duly identified by IO SI Bhagwati Prasad.

2. Mediation Settlement Agreement dated 13th September, 2017 has been received from the Delhi High Court Mediation and Conciliation Centre. By this settlement, the respondent no.5 has amicably settled the matter with the petitioners.

3. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) to protect their life and liberty from respondent no.5 and for quashing of the FIR bearing No.230/2017, registered on 11.06.2017 against petitioner no.1 with Police Station Nangloi, Outer District, Delhi, under Sections 2017:DHC:5518 W.P. (Crl.) No.1861/2017 365/34 IPC on the complaint of respondent No.5, who is the mother of petitioner no.2.

4. On 5th July, 2017 this Court had directed the SHO, Police Station Nangloi, to provide necessary protection to both the petitioners. Both the petitioners and mother of the petitioner no.2, who is impleaded as respondent no.5, confirm the mediation settlement agreement dated 13th September, 2017.

5. Respondent no.5 submits that she now has no objection with regard to the marriage of her daughter (petitioner no.2) with the petitioner no.1. She submits that she is satisfied that both the petitioners are living together happily.

6. The respondent No.5 states that in view of the settlement and her satisfaction that her daughter is being taken care of by the petitioner no.1, she does not want to pursue the said FIR. She submits that the said FIR may be quashed.

7. Since the parties have amicably settled all their disputes, no fruitful purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the FIR bearing No.230/2017, registered on 11.06.2017 with Police Station Nangloi, Outer District, Delhi, under Sections 365/34 IPC and proceedings arising out of the said FIR are hereby quashed.

8. The petition is disposed of accordingly.

9. Crl.M.A. No. 10350 also stands disposed of. DASTI.

VINOD GOEL, J. SEPTEMBER 15, 2017