Jane Alam Daud & Ors vs State & Anr
2011 Latest Caselaw 6004 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. No. 4075/2011

%            Judgment delivered on:08th December, 2011

JANE ALAM DAUD & ORS                         ..... Petitioners
                 Through : Mr.J.N.S. Tyagi, Mr.Vishal Tyagi
                 and Ms.Renu Tyagi, Advs.

                     versus


STATE & ANR                                            ..... Respondents
                              Through : Ms.Rajdipa Behura, APP for State
                              with SI Sunny Kumar, police station Adarsh
                              Nagar, Delhi in person.
                              Mr.J. P. Sehrawat , Adv for respondent No.2
                              with respondent in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Notice issued.

2. Ms.Rajdipa Behura, learned APP on behalf of State/ respondent No.1 and Mr.J. P. Sehrawat, learned counsel on behalf of respondent No.2 accept notice.

3. Learned counsel for the petitioners submits that vide FIR No.68/2010 dated 20.03.2010 case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners at police

station Adarsh Nagar, Delhi on the complaint of respondent No.2.

4. Learned counsel for the petitioners further submits that vide settlement dated 10.01.2011, matter had been settled between the parties and petitioner No.1/husband had agreed to pay a total sum of ` 1.75 Lacs in total to respondent No.2.

5. Respondent No.2 Smt.Mehzabi D/o late M.Summi, present in the Court with her learned counsel Mr.J. P. Sehrawat, who duly identifies her. In addition, Investigating Officer, SI Sunny Kumar also present in the Court and identifies her as respondent No.2.

6. Learned counsel for the respondent No.2, on instructions submits that the matter has been settled at Mediation Centre, Rohini District Courts, Delhi on 10.01.2011. Pursuant thereto, total amount of `1.75 Lacs has already been received by her. She has accepted the same without any protest. She has no objection, if the present FIR is quashed.

7. Ms.Rajdipa Behura, learned APP for State on instructions submits that investigation is under progress.

7. Learned counsel for the petitioners submits it has also been agreed that the contempt petition filed by respondent No.2 shall be withdrawn by her.

8. Learned counsel for the respondent No.2 has agreed thereto.

9. Accordingly, both the parties have ensured this Court that they

shall comply with whatever agreed to by them before this Court.

10. Keeping the settlement dated 10.01.2011 and the fact that respondent No.2 is not interested in pursuing her case further, into view, FIR No.68/2010 registered against the petitioners at police station Adarsh Nagar, Delhi is hereby quashed.

11. Consequently, Criminal M.C.No.4075/2011 is allowed and stands disposed of.

12. Dasti.

SURESH KAIT, J

DECEMBER 08, 2011 Mk