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High Court of DelhiCRL.M.C./4172/2016

Harish Kumar & ANR. v. State (NCT Of Delhi ) & ORS.

2017-03-31Hon'Ble Mr. Justice S.P.Garg2 pages

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4172/2016 HARISH KUMAR & ANR.

..... Petitioners Through :

Mr.Pranjay Chopra, Proxy counsel.

Petitioners in person.

versus STATE (NCT OF DELHI ) & ORS.

..... Respondents Through :

Mr.Vishesh Wadhwa, Proxy counsel.

SI Neeraj, PS South Rohini.

Parents and brother of the deceased in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 31.03.2017 1.

Lawyers are abstaining from work today.

2.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.1387/2005 registered under Sections 498A/406/34 IPC at PS Rohini. Complainant has since expired. It is stated that the matter has been settled amicably with her legal heir i.e. her father before the Mediation Centre, Rohini Courts, Delhi vide settlement agreement dated 23.11.2011.

3.

All legal heirs of the complainant / victim i.e. her parents and brother are present and have been identified by the Investigating Officer. I have enquired from them if they have settled the dispute CRL.M.C. 4172/2016

with the petitioners amicably without any fear or pressure. They have informed that all the disputes between the parties have been resolved amicably with their free consent and they have no objection to the quashing of the FIR in question.

Pursuant to the settlement, remaining amount of `1 lac by way of demand draft bearing No.009229 dated 29.03.2017 in the name of Maam Chand (Father of the deceased / complainant) drawn on IDBI Bank has been given to him in the Court today.

4.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 23.11.2011 has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to put an end to the litigation, FIR No.1387/2005 registered under Sections 498A/406/34 IPC at PS Rohini and all the proceedings arising therefrom are quashed.

5.

The petition stands disposed of accordingly.

S.P.GARG, J MARCH 31, 2017 / tr CRL.M.C. 4172/2016