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High Court of DelhiCRL.M.C./4479/2015

Naresh Kumar & ORS v. The State NCT Of Delhi & ANR

2018-08-14Hon'Ble Mr. Justice R.K.Gauba2 pages

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4479/2015 NARESH KUMAR & ORS ..... Petitioners Through: Mr. Anwesh Madhukar and Ms.Prachi Nirwan, Advocates versus THE STATE NCT OF DELHI & ANR ..... Respondents Through: Ms. Meenakshi Dahiya, APP for the State Mr. Tushar Sharma, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 14.08.2018 The second respondent has died on 16.04.2017. Her father is present with the counsel engaged by him to oppose the prayer in the petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.PC) seeking quashing of the First Information Report (FIR) no.190/2011 of police station Mangolpuri involving offences punishable under Sections 498A / 406 / 34 IPC. The petition was brought before this court on the basis of a purported settlement that had been entered upon by the petitioners on one hand and the second respondent (since deceased) on the other to bury the hatchet and resolve the disputes arising out of matrimonial acrimony. The grievance of the father of the deceased second respondent opposing CRL.M.C. 4479/2015

the prayer is that she had died on account of deteriorating health resultant from the suffering due to the cruelty meted out to her in the matrimonial home.

In the given facts and circumstances, this petition cannot be allowed.

The parties have the liberty to make their appropriate submissions before the criminal court.

The petition is disposed of with these observations. R.K.GAUBA, J AUGUST 14, 2018 Yg CRL.M.C. 4479/2015