Jalamal Dhaniram & ORS v. State (NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1438/2017 JALAMAL DHANIRAM & ORS ..... Petitioners Through:

Mr.Anuj Kumar, Adv.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with ASI Yatender Kumar, PSNew Ashok Nagar Mr.Abhimanyu Sharma, Adv. for R-3

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.07.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.211/2010, under Sections 498-A/406/34 IPC, registered at Police Station-New Ashok Nagar, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners submits that the petitioners are the in-laws of respondent No.2, Smt.Urmila @ Sandhya. He further submits that the respondent No.2 got married with Mr.Ravinder Singh (now deceased) according to Hindu rites and customs. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences in Mediation Centre, Karkardooma Courts,

Delhi on 02.12.2010. He has further submitted that the first motion of the parties was recorded on 12.01.2011 by the learned Addl. District Judge-01 (East), Karkardooma Courts, Delhi. He has further submitted that the husband of the respondent No.3 expired on 17.04.2011. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners and the respondent No.2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant, Smt.Urmila @ Sandhya is present in Court today and has been identified by the Investigating Officer, ASI Yatender Kumar, PS-New Ashok Nagar, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and as per the terms of settlement, she has already received Rs.40,000/- (Rupees Forty Thousand Only) from the petitioners and nothing remains due against the petitioners. She further submits that she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that the first motion was recorded on 12.01.2011 and her husband expired on 17.04.2011. She further submits that she has no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties, it is in their interest to lead their independent and peaceful life in future, consequently,

the FIR No.211/2010, under Sections 498-A/406/34 IPC, registered at Police Station-New Ashok Nagar, Delhi and all proceedings arising of the same are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J JULY 17, 2017/sr