Kuldeep & Ors vs State & Anr
2011 Latest Caselaw 6264 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. No. 4266/2011

%              Judgment delivered on: 20th December, 2011

         KULDEEP & ORS               ..... Petitioner
                      Through : Mr. Rajesh Sharma, Adv.

                     versus


         STATE & ANR                                   ..... Respondent
                              Through : Mr.Navin Sharma, APP for State
                              with SI Pritpal Singh, PS-Dwarka, North
                              Mr. Yashpal Sapra, Adv. for R-2 with
                              respondent no. 2 / complainant in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

+        CRL. M.C. 4266/2011

1.       Notice issued.

2. Ld. APP accepts notice behalf of the State / R-1.

3. Respondent no. 2 is personally present in the court with her counsel Sh.Yashpal Sapra, Adv. who has identified her.

4. Mr. Yashpal Sapra, Adv. accepts notice on behalf of respondent no. 2.

5. Ld. Counsel for the petitioner submits that FIR no. 51/2011 under Section 498A/406/34 Indian Penal Code, 1860 was registered

against the petitioners at PS-Dwarka (North) on the complaint of respondent no. 2.

6. Ld. Counsel for the petitioner further submits that vide settlement deed dated 28.04.2011, the parties have amicably settled all the issues qua aforesaid the FIR. The petitioner no. 1 agreed to pay Rs. 6,00,000/- to respondent no. 2. An amount of Rs.5,00,000/- has already been paid to respondent no. 2 and remaining amount i.e. Rs.1,00,000/- is being paid today.

7. Ld. Counsel for petitioner has handed over Pay Order No. bearing 064385 dated 3.12.2011 issued by Syndicate Bank for an amount of Rs.1,00,000/- to Respondent no. 2. Respondent no. 2 has accepted the same without any protest.

8. Ld. Counsel for respondent no. 2 submits that respondent no. 2 is no more interested to pursue the case further and if the present FIR is quashed, she has no objection.

9. I have gone through the settlement agreed to between the parties at Mediation Centre, District Dwarka, New Delhi which has a binding effect on both the parties.

10. Keeping in view the settlement arrived at between the parties and the statement of respondent no. 2, I quash FIR No. 51/2011, PS-Dwarka (North).

11. Crl. M.C. 4266/2011 is allowed on the above terms.

12. Dasti.

SURESH KAIT, J DECEMBER 20, 2011 jg