Mohit Sharma & ORS v. The State ( NCT Of Delhi) & ANR

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4315/2015 MOHIT SHARMA & ORS ..... Petitioners Through:Mr.Jaitn Rajput and Mr.Sanjeep Kumar, Advocates.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through: Mr.Arun Kumar Sharma, APP

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 16.07.2018 The petition at hand seeks to invoke the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure, 1973 for quashing of the proceedings arising out of the FIR No.317/2013 involving offences punishable under Sections 498A/406/34 Indian Penal Code and Section 4 of the Dowry Prevention Act in which petitioners are facing trial as accused, the second respondent being the complainant/victim. The prayer for quashing has been made on the basis of a settlement statedly entered upon by the second respondent through her attorney, Avinash who is described as brother of the second respondent.

On the previous dates, it was brought to light that the second respondent is under treatment in Institute of Human Behaviour and Allied Sciences (IHBAS). In that context, the Court had called for a report as to the medical condition of the second respondent. The report dated 14.07.2018 confirms that the second respondent has been under treatment, she having been diagnosed to be a case of Non affective Non organic psychoisis.

In these facts and circumstances, this Court is not inclined to entertain the prayer for quashing of the present petition on the basis of the settlement statedly entered upon by the second respondent with the petitioners.

The petition is accordingly dismissed.

R.K.GAUBA, J JULY 16, 2018 Bisht