Ramesh Mirchandani v. State Govt Of NCT Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1670/2016 RAMESH MIRCHANDANI ..... Petitioner Through :

Mr.Saurabh Tewari, Advocate along with petitioner in person.

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

Mr.Kamal K.Ghei, APP with SI Balmukund, PS Rajinder Nagar.

Mr.Ghanshyam, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 22.02.2017 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.31/2007 under Sections 498A/406/34 IPC registered at Police Station Rajinder Nagar. It is informed that there were three accused persons one the petitioner - Ramesh Mirchandani (complainant's brother-in-law), Thanwar Dass (complainant's father-in-law) and Bhagwan Mirchandani (complainant's husband).

It is further informed that complainant's father-in-law - Thanwar Dass has since expired. Her husband is out of India for the last about 20 years and his whereabouts are not known. It is stated that the matter has been settled amicably with the CRL.M.C. 1670/2016

complainant / respondent No.2 before the Delhi High Court Mediation & Conciliation Centre vide settlement agreement dated 03.02.2016. (2) Respondent No.2 / complainant is present with counsel. The Investigating Officer has identified her.

I have enquired from the complainant whether the matter has been settled with the petitioner amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR qua the petitioner. Pursuant to the settlement, remaining amount of `10 lacs by way of cheque bearing No.164165 dated 22.02.2017 drawn on Corporation Bank has been given to the complainant in the Court today.

(3) The petition is supported by the affidavits of the parties. Settlement agreement dated 03.02.2016 is on record. I have examined the Trial Court record.

The FIR pertains to the years 2007.

No effective proceedings have taken place in the case so far. (4) Since the respondent No.2 / complainant has voluntarily settled the dispute with the petitioner, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.31/2007 under Sections 498A/406/34 IPC registered at Police Station Rajinder Nagar and all the proceedings emanating therefrom are quashed qua the petitioner. (5) The petition is disposed of accordingly.

S.P.GARG, J.

FEBRUARY 22, 2017 / tr CRL.M.C. 1670/2016