S Sarup Singh & ORS v. The State ( Govt Of NCT Of Delhi ) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 112015 S SARUP SINGH & ORS ..... Petitioners Through Mr.Bharat Dubey, Adv.

versus THE STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through Mr.M.P.Singh, APP for the State along with ASI Shri Ram, PS Hari Nagar, in person.

Ms.Sharda Lamba, mother ofR-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH o/o

ORDER

27.01.2015 The matter is taken up today, as 23rd January, 2015 was declared as a holiday.

The petitioners have filed the present petition under Section 482 Cr.P.C. for quashing of proceedings pending in the Court of MM (West), Mahila Court, Tis Hazari, Delhi, arising out of FIR No.356/2006 under Sections 498-A/406/34 IPC, registered at Police Station Hari Nagar, New Delhi on the complaint of respondent No.2.

Brief facts of the case are that respondent No.2 got married with the son of petitioner No.1 on 16th March, 1999 who unfortunately died on 23rd May, 2005. In May, 2006, the complaint was lodged by respondent No.2 By:AMULYA

with CAW Cell, Kirti Nagar, Delhi, on the basis of which the aforesaid FIR was registered against the petitioners on gth July, 2006 who are the in-laws of respondent No.2. During the pendency of the proceedings, the petitioners and respondent No.2 have settled their disputes amicably before the learned District Judge, Delhi on lih March, 2010. The statements of the parties were also recorded.

When the matter is taken up today, only the petitioner No.2 is present who is duly identified by the counsel. The other petitioners No.1 and 3 to 6 d are not present. Respondent No.2 is also not present in Court. She is being ( represented by her mother who has received the authority letter from the said respondent, as respondent No.2 is residing in Canada. She has no objection if the appearance of the petitioners No.1 and 3 to 6 be dispensed with, in view of the fact that the disputes between the parties have already been resolved. She has also confirmed the settlement. She has no objection if the prayer made in the petition is allowed. Considering the peculiar facts and circumstances of the case, the presence of petitioners No.1 and 3 to 6 is exempted. In view of the averments made in the petition as well as the settlement arrived at between the parties, the FIR No.356/2006 under Sections 498-A/406/34 IPC, registered at Police Station Hari Nagar, New Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners. The petition is accordingly disposed of.

JANUARY 27, 2015/ka