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High Court of DelhiW.P.(CRL)/81/2017

Sheela Chawla & ANR. v. State

2017-03-20Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 81/2017 SHEELA CHAWLA & ANR.

..... Petitioner Through:

Mr. Ojasvi Khaneja and Harpreet Singh, Adv.

versus STATE ..... Respondent Through:

Ms. Richa Kapoor, ASC with Ms.

Mallika Parmar, Mr. Ashish Negi and Ms. Seema Patnaha, Adv. with ASI Jaichand, PS Mukherjee Nagar

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 20.03.2017 The present order is in continuation of the order dated 30.01.2017. Counsel for the petitioner has tendered today in court a pay order for Rs.2 lakhs drawn in favour of Kushi Priya, the minor daughter of the deceased and respondent no.2. Respondent no.2 is present in court and is identified by the IO. Ms. Kapoor has tendered in court the status report, which is taken on record.

Along with the report, the bank statement of the account in the name of the minor daughter has been enclosed to show that the earlier payment of

Rs.1.25 lakhs tendered in court by way of a cheque has been encashed. As per the status report, the said account in the name of the minor child is under the guardianship of her mother respondent no.2 and it is only the mother who is entitled to operate the said account. No cheque book or ATM card has been issued in the said account. The bank shall not permit any other person to operate the said account except respondent no.2, the mother of the minor child.

In view of further payment of Rs.2 lakhs tendered in court today by the petitioner, respondent no.2 states that she does not wish to pursue her complaint/FIR any further and also joins the prayer for quashing of the FIR in question.

Accordingly, the FIR No.172/2016 registered u/s 288/304A at PS Mukherjee Nagar and the proceedings arising therefrom are quashed. VIPIN SANGHI, J MARCH 20, 2017 sr