Kanhaiya Lal & ORS v. State (Govt NCT Of Delhi) & ANR

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2003/2017 KANHAIYA LAL & ORS ..... Petitioners Through:

Mr.Vikas Gautam, Adv.

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

Mr.Mukesh Kumar, APP for State Mr.Amit Singh, Adv. for R-2 ASI Madan Mohan, P.S. Nangloi

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.05.2017 CRL.M.A. 8255/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2003/2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.304/2012, under Sections 498-A/406/34 IPC, P.S. Nangloi and all the subsequent proceedings arising therefrom. It is submitted by learned counsel for the petitioners that the deceased Dinesh got married with respondent No.2 on 31.01.2003 as per Hindu rites and customs.

Counsel further submits that after the marriage misunderstanding has arisen between the parties, which resulted into registration of the said FIR. He further submits that the husband of respondent No.2 died on 26.01.2013. He further submits that subsequently the near relatives and close friends intervened and the matter has been

amicably settled between the parties before the Mediation Centre, Tis Hazari Courts, Delhi vide Settlement Deed dated 10.03.2017. He further submits that as per the terms of the settlement the respondent No.2 and her children are residing happily in the premises provided by the petitioners and there is no dispute left between the parties. Counsel further submits that since the matter has been amicably settled and nothing remains to be adjudicated between them, the FIR in question, which is coming as a hurdle in the peaceful life and relations of the petitioners and respondent No.2, may be quashed.

The respondent No.2/complainant is present in person and has been identified by the Investigating Officer A.S.I Madan Mohan and admits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. She further submits that she is residing happily with her children in the accommodation provided by the petitioners. She also submits that she has no objection, if the FIR in question is quashed.

Since the matter has been settled between the parties, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to maintain their relations, the FIR No.304/2012, under Sections 498-A/406/34 IPC, P.S. Nangloi and all the proceedings arising therefrom are quashed. Parties to remain bound by the terms of Settlement Deed dated 10.03.2017.

The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 18, 2017/km