Vijay Lakshmi Malhotra & ORS v. NCT Of Delhi &ANR

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4871/2018 VIJAY LAKSHMI MALHOTRA & ORS ..... Petitioners Through:

Mr.

Prashant Kumar Mittal, Ms.

Mridula Aggarwal and Mr. Vinod Khera, Advs.

versus NCT OF DELHI &ANR ..... Respondents Through:

Mr. Izhar Ahmad, APP for State with ASI Jagdish, P.S. Dwarka South.

Respondent no.2 is present in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.10.2018 It is submitted that petitioner no.1 is mother-in-law; whereas petitioner no.2 is brother-in-law of respondent no.2.

Husband of respondent no.2 has died on 18.08.2017.

Petitioners and respondent no.2 have settled their disputes amicably before the Delhi Mediation Centre, Dwarka Court, Delhi on 02.05.2018. Therefore, it is prayed that FIR No. 276/2013 under Sections 498A/406/34 IPC registered at police station Dwarka South and the consequent proceeding emanating therefrom are quashed. Respondent no.2 is present in Court and has been identified by ASI Jagdish of police station Dwarka South. She submits that she has settled the matter with the petitioners of her own free will and without any undue force, pressure or coercion. She further submits that she has already received the

entire settled amount of `2 lacs from the petitioners and she has no objection in case aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Keeping in mind the settlement arrived at between the petitioners and respondent no.2 voluntarily, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending.

Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Learned counsel for the petitioner submits that two FDRs for `50,000/- each in the name of Ravinder Kaur and Devender Kumar are lying deposited in the trial court as they stood surety for the petitioners. It is prayed that the said FDRs may be directed to be released to Ravinder Kaur and Devender Kumar.

Respondent no.2 submits that she has no objection in case said FDRs are released to the above-named persons. Accordingly, trial court is directed to release said FDRs to Ravinder Kaur and Devender Kumar. Miscellaneous applications are disposed of as infructuous. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

OCTOBER 15, 2018/ga