Sunita & Anr vs State Of Delhi & Anr on 5 January, 2018

$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 5th JANUARY, 2018

+ W.P.(CRL) 26/2018
SUNITA ANR ….. Petitioners
Through : Mr.D.K.Sareen, Advocate with Mr.Anuj
Soni, Advocate.
versus
STATE OF DELHI ANR ….. Respondents
Through : Mr.Abhijeet Bhagat, Advocate.
Mr.Tarun K.Bedi, Advocate for R2 along with R2 in
person.
SI Ashwani Kumar, PS Jyoti Nagar.

CORAM:
HON’BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (Oral)

CRL. M.A.No.140/2018 (Exemption)
Exemption allowed subject to all just exceptions.
The application stands disposed of.

W.P.(CRL) 26/2018

1. Present writ petition has been filed under Article 226 of
the Constitution of India read with
Section 482 Cr.P.C. for quashing
of FIR No.84/2011 under
Sections 328/498A/406/34 IPC at PS
Karawal Nagar. It is stated that the matter has been settled amicably
with the complainant / respondent No.2 before the Mediation Centre,
Tis Hazari Courts, Delhi vide settlement agreement dated 29.11.2017.

W.P.(CRL) 26/2018 Page 1 of 2

2. Complainant / respondent No.2 is present with counsel
and has been identified by the Investigating Officer. I have enquired
from the complainant if she has settled the dispute with the petitioners
amicably without any fear or pressure. She has informed that all the
disputes between the parties have been resolved amicably with her
free consent and she has no objection to the quashing of the FIR in
question. Husband of the complainant has since expired. Pursuant to
the settlement, a sum of `4 lacs (`2 lacs by way of demand draft
bearing No.186805 dated 15.12.2017 drawn on Corporation Bank in
the name of the complainant and `2 lacs by way of FDR in the name
of master Kamal) have been given to the complainant in the Court
today.

3. The petition is supported by affidavits of the parties.
Copy of settlement agreement dated 29.11.2017 has been placed on
record. Since the matter has been settled between the parties, no useful
purpose will be served to continue with the proceedings under
Sections 328/498A/406/34 IPC. In the interest of justice and to put an
end to the litigation, FIR No.84/2011 under
Sections 328/498A/406/34
IPC at PS Karawal Nagar and all the proceedings arising therefrom are
quashed.

4. The petition stands disposed of accordingly.

5. Order ‘dasti.’

(S.P.GARG)
JUDGE
JANUARY 05, 2018 / tr

W.P.(CRL) 26/2018 Page 2 of 2

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