Bhalleram & ANR. v. Govt Of NCT Of Delhi & ANR.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BHALLERAM & ANR.

..... Petitioner Represented by:

Mr. Anuj Jain, Adv.

versus GOVT OF NCT OF DELHI & ANR.

..... Respondent Represented by:

Ms. Rajni Gupta, APP with ASI Subhash Chand PS Alipur.

Mr. Robin Kamra, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.03.2017 Crl.M.A. 4645/2017 Exemption allowed subject to just exceptions. Crl.M.A. 4646/2017 For the reasons stated in the application 30 days in delay in refiling is condoned.

Application is disposed of.

By the present petition the petitioners seek quashing of FIR No. 488/2001 under Sections 498A/406 IPC registered at PS Alipur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that though in the FIR 7 accused were arrayed, however chargesheet was filed against four accused, the two petitioners named above besides Ramesh and Shudo Devi, husband and mother-in-law of the respondent No.2. She further states that during the pendency of proceedings Ramesh and Shudo Devi passed away and charge has only been framed against the two petitioners named above. Thus only two accused named above are facing trial and respondent No.2 is the only complainant/ victim. Respondent No. 2 is present in Court and is identified by the learned counsel. She states that she has settled the matter with the petitioners.

In lieu of all her claims she has received a sum of ₹25,000/- and now she has no claim whatsoever remaining against the petitioners who are the brotherin-law and brother of deceased husband Ramesh. She states that she does not wish to pursue the above-noted FIR against the petitioners. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2. 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. 488/2001 under Sections 498A/406 IPC registered at PS Alipur, 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.

MARCH 20, 2017 'ga'