SANE ALAM AND ORS Vs STATE OF NCT OF DELHI AND ANR. -Judgment by Delhi High Court
$~107
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 277/2023
SANE ALAM AND ORS ….. Petitioners
Through: Mr. Prakash Priyadarshi, Advs.
versus
STATE OF NCT OF DELHI AND ANR. ….. Respondents
Through: Mr. Satinder Singh Bawa, APP for the State with SI Manju, PS Jafarbad.
% Date of Decision: 17th January, 2023
CORAM:
HON’BLE MR. JUSTICE DINESH KUMAR SHARMA
J U D G M E N T
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 1121/2023 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.A. 1122/2023 (delay)
For the reasons stated in the application, the delay of 58 days in refilling the petition, the petition is allowed.
Accordingly the present application stands disposed of.
CRL.M.C. 277/2023
1. The present petition has been filed for quashing of FIR No. 686/2019 registered at PS Jafrabad under Section 323/354/354B/509/34 IPC.
2. Learned counsel for the petitioner submits that petitioner No.1 is the brother-in-law of the complainant, petitioner No.2 and 3 are the father-in-law and mother-in-law and petitioner No.4 is the sister-in-law of the complainant.
3. Learned counsel submits that in fact, respondent No.2-complainant along with her husband and her child is living with the petitioner No.2 and 3. It has been submitted that the present incident occurred on some trivial issue which led to the registration of the FIR. It has further been submitted that thereafter with the intervention of common friends and well-wishers, the parties have reached on the MoU 01.10.2021 and now they have amicably resolved the dispute. The complainant �respondent No.2 is present in person. She states that she has settled the matter amicably and now wants to live peacefully with her in-laws.
4. The MoU dated 01.10.2021 is as follows;
” AND WHEREAS due to the intervention of relatives, respectable persons, mutual friends and well wishers, both the parties have amicably settled /compromised their all disputes related to the abovesaid F.I.R and as per the settlement and now the first party does not want to pursue the case arising out of the FIR bearing No. 686/2019 P.S. Jafrabad and the first party shall have not any objection if the above said FIR would be quashed.
AND WHEREAS, the both the parties undertake to cooperate each other in getting quashed the abovesaid FIR before the Hon’ble High Court of Delhi, New Delhi.
That now both the parties with the intervention of relatives, some common friends resolved all the disputed between each other amicably with mutual consent without any pressure, undue influence from any side upon the parties.
Whereas both the parties are bound by the terms and conditions of this Memorandum of Understanding.
And whereas the above compromise between the parties has been made out of their independent free will and without any pressure, force, fraud, coercion or undue influence from either side or by any third person�
5. It has repeatedly been held by this Court and the Hon�ble Supreme Court that the disputes which are personal in nature, if settled amicably should be put to quietus. Though, it is not the matrimonial dispute in strict sense but both the parties are related to each other through matrimony. IO has duly identified the petitioners as well as the respondent No.2-accused.
6. In view of the aforesaid discussion and the statement of respondent no.2/complainant, the case FIR No. 686/2019 registered at PS Jafrabad under Section 323/354/354B/509/34IPC and all the proceedings emanating therefrom are quashed.
7. The present petition stands disposed of.
DINESH KUMAR SHARMA, J
JANUARY 17, 2023/Pallavi
Neutral Citation Number is�2023/DHC/000426
CRL.M.C. 277/2023 Page 3 of 3