High Court of DelhiW.P.(CRL)/3129/2016

Kamla Devi & ORS. v. State & ANR.

2017-03-23Hon'Ble Mr. Justice S.P.Garg2 pages

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3129/2016 KAMLA DEVI & ORS.

..... Petitioners Through :

Mr.Vipin Dilawari with Ms.Manju Bana, Advocates along with Petitioners present in person.

versus STATE & ANR.

..... Respondents Through :

Mr.Ankit Gulia, Advocate, for Mr.R.S.Kundu, ASC.

Mr.Khalid Rana with Mr.Vijay Singla, Advocates for R-2 along with R-2 present in person.

Insp.Vijay, SI Naresh and ASI Ombir, PS Dabri.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 23.03.2017 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.190/2016 under Section 354(B)/323/380/34 IPC registered at Police Station Dabri. It is stated that the matter has been settled with the complainant/respondent No.2 amicably.

(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer present in the court has identified her.

I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and W.P.(CRL) 3129/2016

pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR.

(3) The petition is supported by the affidavits of the parties. Memorandum of Understanding dated 22.10.2016 signed by the parties is on record. Cross-cases vide FIR No.325/2016 under Section 509/34 IPC; FIR No.1461/15 under Sections 3(X)3(1)(XV) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 and Section 506 IPC; FIR No.189/2016 under Section 354/323/34 IPC registered at Police Station Dabri have also been settled. (4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.190/2016 under Section 354(B)/323/380/34 IPC registered at Police Station Dabri and all the proceedings emanating therefrom are quashed.

(5) The petitioners are, however, burdened with costs of `10,000/- to be deposited with Prime Minister National Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (6) The petition is disposed of accordingly.

S.P.GARG, J.

MARCH 23, 2017/sa W.P.(CRL) 3129/2016