Shori Lal & ANR v. State Of NCT Of Delhi & ANR

43# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHORI LAL & ANR ..... Petitioners Represented by:

Mr. Sanjay Kathuria, Advocate with petitioners in person.

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

Mr. Amit Ahlawat, APP for the State with SI Ranveer and SI Sri Gopal, PS Shakarpur.

Mr. Mukesh Hooda, Advocate for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.10.2016 Crl. M.A. No. 16955/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners, who are the father-in-law and the sister-in-law of the respondent No.2 seek quashing of FIR No. 64/2012 under Sections 498A/406/34 IPC registered at PS Shakarpur, 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 submits that in the above noted FIR besides the two petitioners, that is, Shori Lal and Karuna Bhatia,

the husband of the respondent No.2 late Rajesh Sikri was also arrayed as an accused, who has passed away during the pendency of the trial. Thus at present the trial is going on against the two petitioners named in the petition and respondent No.2 is the only complainant/victim in the above noted FIR. The complainant/Respondent No. 2 Ms. Teena Chawla @ Dimple who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners, who are the father and sister of her deceased husband late Shri Rajesh Sikri @ Chintu who passed away on 18th December, 2014. In terms of the settlement the respondent No. 2 has already received a sum of ₹3 lakhs in lieu of all her claims of streedhan articles and she has no claim whatsoever remaining against the petitioners now. She states that in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the Compromise Deed dated 11th April, 2016 copy whereof is annexed as Anenxure P3 to the present petition at pages 38 to 40. 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. 64/2012 under Sections 498A/406/34 IPC registered at PS Shakarpur, 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.

OCTOBER 27, 2016 'vn'