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High Court of DelhiCRL.M.C./3083/2016

Tarandeep Singh Bedi & ORS v. The State ( NCT Of Delhi) & ANR

2017-02-23Hon'Ble Ms. Justice Mukta Gupta3 pages

23# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + TARANDEEP SINGH BEDI & ORS ..... Petitioners Represented by:

Mr. Prakash Chandra, Advocate with petitioners in person.

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

Mr. Ashok K. Garg, APP for the State with SI Gajender Singh, CWC Nanak Pura.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.02.2017 By the present petition the petitioners seek quashing of FIR No. 167/2012 under Sections 498A/406/34 IPC registered at PS CAW Cell, Nanak Pura, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR the three petitioners are the only accused and the respondent No. 2 the only complainant/victim in the above noted FIR.

The complainant/Respondent No. 2 Ms. Gurpreet Kaur, who is present in Court and is identified by the Investigating Officer states that she

has settled the matter with the petitioners at the pre-litigative mediation conducted at Crime Against Women Cell, Nanak Pura on 13th August, 2013 copy whereof is annexed at pages 26 to 29 of the paper-book. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹2.50 lakhs out of which a sum of ₹2 lakhs have already been paid to her and the balance sum of ₹50,000 has been paid to her today in court vide Demand Draft No.000665 dated 29th November, 2016 drawn on Axis Bank Ltd., Haridwar Road, Dehradun and the respondent No.

2 now has no claims whatsoever remaining against the petitioners. She states that the minor child Harnoor Kaur will remain in her care and custody and the petitioners will neither have the custody nor the visiting rights. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement arrived at before the Crime Against Women Cell between the parties on 13th August, 2013 before the Mediation Centre, Nanak Pura.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the

interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 167/2012 under Sections 498A/406/34 IPC registered at PS CAW Cell, Nanak Pura, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 23, 2017 'vn'