← Library
High Court of DelhiCRL.M.C./1658/2018

Prem Prakash Kamra & ANR v. State Of NCT Of Delhi & ANR

2018-04-06Hon'Ble Mr. Justice A.K. Pathak2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1658/2018 PREM PRAKASH KAMRA & ANR ..... Petitioners Through:

Mr. Shashi Shanker and Ms. Pooja Mohanani, Advs.

Versus

STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI Hari Ram, P.S. Mukherjee Nagar.

Mr. Sandeep Chandna, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.04.2018 Crl. M.A. 5992/2018 Allowed, subject to all just exceptions.

Application is disposed of.

Crl. M.C. 1658/2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is present in Court along with her counsel, who also accepts notice. Respondent no.2 has been identified by SI Hari Ram, of police station Mukherjee Nagar.

It is submitted that petitioner no.1 is father-in-law and petitioner no.2 is sister-in-law of respondent no.2. Respondent no.2 submits that she has settled the matter with the petitioners of her own free will and without any undue force, pressure or coercion. It is noted that respondent no.2 had filed

a complaint case 79/3/13 tilted Neha Kamra Vs. Prem Prakash Kamra & Anr. before the Metropolitan Magistrate wherein a settlement was arrived at between the petitioner no.1 and respondent no.2 and pursuant thereof, said complaint has already been withdrawn by the respondent no.2. Learned APP opposes the quashing of FIR on the ground that one Toyota Innova car, which was in the name of husband of respondent no.2, was sold by the petitioners by forging his signatures. Facts and circumstances of this case indicate that disputes arose between the petitioners and respondent no.2 after the death of husband of respondent no.2 and now that they have settled all their disputes, therefore, in my view no fruitful purpose would be served in keeping the criminal proceedings pending.

Accordingly, in the interest of justice, FIR No. 106/2013 under Sections 404/420/34 IPC registered at police station Mukherjee Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

APRIL 06, 2018/ga