Mohan Sharma & ORS v. The State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5008/2017 & Crl. M.A. no. 19803/2017 MOHAN SHARMA & ORS ..... Petitioners Through Mr.

Sunita Bansal, Adv.

with petitioners in person versus THE STATE NCT OF DELHI & ANR ..... Respondents Through Mr. G.M. Farooqui, APP with ASI Narender Pal Singh, P.S.

Gandhi Nagar for the respondent no. 1 Mr.

R.P.

Bhardwaj, Adv.

with respondent nos. 2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.11.2017 It is submitted that FIR No.442/2015 under Sections. 498-A/406/34 IPC was registered at police station Gandhi Nagar, on the complaint of Ms. Sushma Rani. FIR was registered on 21st July, 2015. Complainant has died a natural death on 24th July, 2016. Respondent nos. 2 and 3 are parents of the deceased. Petitioner no. 1 is husband of deceased. Petitioner nos. 2 to 4 are relatives of petitioner no. 1. They are accused in the FIR. Respondent nos. 2 and 3 are present in Court along with their counsel and have been identified by ASI Narender Pal Singh of police station Gandhi Nagar. Respondent nos. 2 and 3 submit that they have now settled

the matter with the petitioners of their own free will, voluntarily and without any undue force, pressure or coercion before the Counselling, Family Court, East District, Vishwas Nagar, Delhi on 23rd November, 2016. Respondent nos. 2 and 3 further submit that they have already received `4,00,000/- from the petitioners. Petitioner no. 1 has paid `5,00,000/- to the respondent nos. 2 and 3 by a demand draft. Respondent nos. 2 and 3 further submit that with this payment entire settled amount of `9,00,000/- stands paid and they are not willing to pursue the FIR any further and the same may be quashed. Keeping in view the settlement arrived at between the petitioners and respondent nos. 2 and 3 before the Counselling Cell and respondent nos. 2 and 3 have received the entire settled amount, inasmuch as respondent nos. 2 and 3 have no objection in case the aforesaid FIR is quashed, FIR No.442/2015 under Sections. 498-A/406/34 IPC registered at police station Gandhi Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

NOVEMBER 30, 2017 r.bararia