Kapil Jain & ORS. v. State Of NCT Delhi & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1447/2017 KAPIL JAIN & ORS.
..... Petitioners Through:
Ms. Avani Malik, Adv.
versus STATE OF NCT DELHI & ORS.
..... Respondents Through:
Mr. Izhar Ahmad, APP with ASI Jatan Swaroop, P.S. Krishan Nagar.
Respondent nos. 2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 11.07.2018 Respondent nos. 2 and 3 are parents of Late Ms. Bhumika Jain. It is submitted that a compromise was arrived at between the petitioner no.1 and Late Ms. Bhumika Jain vide Memorandum of Understanding dated 11th January, 2017 whereby it was agreed that petitioner no.1 would pay `8 lacs to Ms. Bhumika Jain. First motion was also accepted by the Family Court, Karkardooma Court, Delhi inasmuch as `4 lacs was paid to her. Ms.
Bhumika Jain died thereafter.
Present petition has been filed by the petitioners for quashing of FIR No. 694/2014 under Sections 498A/406/34 IPC registered at police station Krishan Nagar on the ground that petitioners and respondent nos. 2 and 3 have again settled the matter before the Delhi High Court Mediation &
Conciliation Centre vide Settlement Agreement dated 10th May, 2018, which is marked as Mark C-1.
Respondent nos. 2 and 3 are present in Court and have been identified by ASI Jatan Swaroop of police station Krishan Nagar. They submit that they have settled the matter with the petitioners of their own free will and without any undue force, pressure or coercion. They also admit having received the settled amount of `2 lacs from the petitioners. They say that they have no objection in case aforesaid FIR is quashed. Keeping in view the settlement arrived at before the Mediation Centre, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending.
Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
JULY 11, 2018 ga