Purnima Singh @ Pushpa Singh & ORS v. The State ( NCT Of Delhi) & ANR

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PURNIMA SINGH @ PUSHPA SINGH & ORS ..... Petitioner Represented by:

Mr. D.K. Sharma and Mr. S.S.

Tomar, Advocates.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondent Represented by:

Ms. Nandita Rao, ASC with SI Rana Pratap, PS Rajinder Nagar.

Mr. K.K. Malhotra, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.05.2018 Crl.M.A. No. 10184/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition, the petitioners seek quashing of FIR No. 206/2015 under Sections 394/354/34 IPC registered at PS Rajinder Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant/ victim. She

further states that the present FIR is an offshoot of the matrimonial dispute between Neetu Rana, the niece of respondent No. 2 and Tushar Singh, petitioner No. 2 herein. She also states that Neetu Rana and Tushar Singh have settled the matter before the Delhi Mediation Centre, Tis Hazari Courts and as per the settlement all pending disputes inter-se the two families are prayed to be quashed.

Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that since a holistic settlement has been arrived at between Neetu Rana and Tushar Singh, petitioner No. 2 wherein all FIRs inter-se the families are being quashed. she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. She states that she would abide by the terms of settlement arrived at between the parties wherein she was also the party at Delhi Mediation Court, Tis Hazari Courts on 20th April, 2017 copy where of is annexed as annexureP/4 to the present petition. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

In the above noted FIR respondent No. 2 alleged that her niece, Neetu Rana, was married to petitioner No. 2 and on 2nd March, 2015 at around 12:35 noon Neetu's mother-in-law, her husband and brother-in-law that is petitioner Nos. 1, 2 and 3 herein respectively entered her room, assaulted her, threatened her of life and took away a TV and the Gold Chain which she was wearing in her neck. Thus, she made a call at 100 number, when it was found that the TV was kept in other room by locking it.

is yet to be filed. Learned ASC for the State submits that during the course of investigation it was revealed that petitioner No. 2, Tushar Singh was not even present in Delhi at the relevant time and was attending a matter in Ghaziabad Court.

As prima facie the allegations of respondent No. 2 under Section 394 IPC are not fortified, no offence under Section 394 IPC is made out. Since the parties including the niece of respondent No. 2 and petitioner No. 2 have settled all their disputes holistically and the settlement also relates to the present FIR, it would be in the interest of Justice to quash the above-noted FIR and proceedings pursuant thereto.

Consequently, FIR No. 206/2015 under Sections 394/354/34 IPC registered at PS Rajinder Nagar, 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.

MAY 24, 2018 'yo'