Guriqbal Singh & ANR v. The State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5160/2017 & CRL. M.A. 20324/2017 GURIQBAL SINGH & ANR ..... Petitioners Through :

Ms.Viddusshi, Advocate with Mr.Amarjeet Singh Oberoi, Special Power of Attorney for Petitioner.

Versus

THE STATE NCT OF DELHI & ANR ..... Respondents Through :

Mr. Izhar Ahmad, APP for State.

Mr. B.S. Bagga, Advocate for R2 with Ms. Kirti Singh Pawar, Special Power of Attorney for R2 with ASI Aman Kumar, P.S. CAWC/Nanak Pura, Delhi.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.12.2018 By this petition filed under Section 482 of Cr.P.C., the petitioners have prayed for quashing of FIR No. 148/2014 registered under Sections 498-A/406/34 IPC at Women Cell, CAWC, Nanak Pura, New Delhi on the complaint of respondent No. 2- Ms.Irendeep Kaur. During the pendency of this petition, matter was referred to the Delhi High Court Mediation & Conciliation Centre on the request of learned counsels appearing for petitioners and respondent No. 2. Vide the Settlement Agreement dated 03.12.2018 executed before the

Delhi High Court Mediation & Conciliation Centre petitioner No. 1 and respondent No. 2 have settled their disputes. Petitioner no. 1 and respondent no.2 have executed the agreement through their respective Attorney. Ms. Kirti Singh, sister of respondent No. 2 holds Special Power of Attorney in her favour duly executed by respondent No. 2. Similarly, Mr.Amarjeet Singh Oberoi, holds a Special Power of Attorney in his favour executed by Petitioner No. 1. Petitioner No. 2 is the mother of Petitioner No. 1.

Ms. Kirti Singh, sister and Special Power of Attorney of respondent No. 2 is present along with her counsel. She states that she has settled the matter on the terms and conditions as stipulated in the Settlement Agreement dated 03.12.2018 on the instructions of her sister Ms.

Irendeep Kaur/respondent No. 2. Ms. Kirti Singh has admitted her signatures on the Settlement Agreement at point 'X'. Mr. Amarjeet Singh also states that he has settled the matter on instructions of petitioner No. 1. He has identified his signatures at point 'Y'.

The Attorney of petitioner No. 1 has handed over a demand draft of `60,00,000/- (Rupees Sixty Lacs) drawn in favour of respondent No. 2/ Ms.Irendeep Kaur to Ms.Kirti Singh in terms of the Settlement Agreement. Ms.Kirti Singh states that in view of the Settlement Agreement, respondent No. 2 has no objection, if FIR is quashed against the petitioners. Keeping in mind the settlement arrived at between the petitioners and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and 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.

DECEMBER 06, 2018 j