Brahm Dev Singh & ORS v. State ( NCT Of Delhi) & ANR

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BRAHM DEV SINGH & ORS ..... Petitioner Represented by:

Mr. Rajesh Kumar, Adv.

versus STATE ( NCT OF DELHI) & ANR ..... Respondent Represented by:

Mr. Hitesh, proxy Adv. for Mr. R.S.

Kundu, ASC with SI Madan Mohan, PS Ranhola.

Mr. B.K. Pandey, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.02.2019 By the present petition the petitioners seek quashing of FIR No. 198/2012 under Sections 498A/406/34 IPC registered at PS Ranhola, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR six accused were arrayed, however husband of respondent No.2 namely Amlesh Kumar passed away on 10th February, 2014 and thus the five petitioners are the accused and respondent No.2 the complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Tis Hazari Courts on 10th September, 2018 pursuant whereto she has withdrawn all the cases filed by her. She states that in full and final settlement of all her claims of maintenance, istridhan, etc., petitioners including petitioner No.1 the father of deceased husband has agreed to pay a total sum of ₹2,50,000/- out of which ₹2 lakh has been received as FDR in the name of her minor daughter and ₹50,000/- has been received by her today in cash. She states that she has now no claim whatsoever against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

She further states that baby Anjali born on 21st October, 2009 from the wedlock of Amlesh Kumar S/o petitioner No.1 and respondent No.2 would remain in her care and custody and the petitioners would not have the visiting rights. She further undertakes to abide by the terms of settlement arrived at between the parties.

Petitioners No.1 to 5 who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in

question.

Consequently, FIR No. 198/2012 under Sections 498A/406/34 IPC registered at PS Ranhola, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 21, 2019 'ga'