High Court of DelhiCRL.M.C./3464/2018

Kailash Chand & ORS. v. The State & ORS.

2018-07-16Hon'Ble Mr. Justice A.K. Pathak2 pages

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3464/2018 KAILASH CHAND & ORS.

..... Petitioners Through:

Mr.Rajpal Singh, Mr.Rohit Kumar and Mr.S.S.Dahiya, Advocates.

versus THE STATE & ORS.

..... Respondents Through:

Ms.Aashaa Tiwari, APP for the State with ASI Bablu Ram from PS-Janak Puri.

Mr.Jai Prakash Prasad, Advocate for respondent nos.2 & 3.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.07.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Shri Sat Narain and Respondent No.3 Smt. Shakuntla are present in Court along with their counsel and accept notice. They have been identified by ASI Bablu of police station Janak Puri. Initially, FIR No. 104/207 was registered at Police Station- Janak Puri under Sections 498-A/304-B/34 IPC on the complaint of Satya Narayan, respondent No.2.

Respondent Nos.2 & 3 are parents of the deceased. During investigation, the Investigating Officer collected post-mortem report from DDU Hospital wherein cause of death was opined as 'natural death'. Accordingly, the chargesheet was filed only under Section 498-A/34 IPC.

The charges under Sections 498-A/34 IPC were framed by the Trial Court on 14.05.2016. During the pendency of trial, the petitioner and respondent nos.2 & 3, who are parents of deceased, have settled the disputes amicably before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 24.08.2017 on the terms and conditions as stipulated in the Mediation Agreement, which stands complied with. The petitioner has invested `5,00,000/- in the name of minor child Bhumi and Smt. Raj Rani (grandmother) and Smt. Shakuntla (maternal grandmother) have been made nominees of the FDR. Respondent Nos.2 & 3 submit that in view of the settlement arrived at before the Mediation Centre, they have no objection in case FIR and the consequent proceedings are quashed.

Keeping in mind the settlement arrived at between the petitioners and respondent nos. 2 & 3 voluntarily, in my view, no fruitful purpose would be served to keep 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 16, 2018 ssc