Bunty Parcha & Ors vs State
2012 Latest Caselaw 1170 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. No.637/2012

%            Judgment delivered on:21st February, 2012

      BUNTY PARCHA & ORS               ..... Petitioners
                  Through: Mr.Y.S.Chauhan & Mr.Abu Ram,
                  Advs.

                     versus

      STATE                                          ..... Respondent
                              Through: Ms.Rajdipa Behura, APP for State
                              with SI Vijay Kumar, police station
                              Mandawali Fazalpur, Delhi in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl.M.A.No.2226/2012(exemption)

Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+     CRL.M.C. No.637/2012

1.    Notice issued.

2. Ms.Rajdipa Behura, learned APP accepts notice on behalf of respondent/State.

3. With the consent of learned counsel for parties, instant petition

is taken up for disposal.

4. Instant petition has been filed jointly by petitioner Nos.1 to 5/accused persons and petitioner No.6/complainant.

5. Learned counsel for petitioners submit that petitioner No.6 has resolved all the issues qua the FIR No.408/2007 dated 31.08.2007 under Section 498A/406/34 Indian Penal Code, 1860 which was registered against petitioner Nos.1 to 5 at police station Mandawali Fazalpur, Delhi, on the complaint of petitioner No.6.

6. He further submits that thereafter petitioner No.6 joined her matrimonial life with petitioner No.1 and is living with him since 25.11.2011, after all the issues being resolved at Mediation Centre, Karkardooma Courts, Delhi.

7. Learned counsel for petitioners further submitted that petitioner No.6 is not interested in pursuing her case against petitioner Nos.1 to 5, therefore, vide instant petition, petitioner No.6 also has prayed to quash the aforementioned FIR against petitioner Nos.1 to 5, as she is living happily with her husband and there is no issue and complaint against petitioner Nos.1 to 5.

8. Petitioner No.6 Smt.Rajni wife of Bunty Parcha, and petitioner No.1 i.e. husband are present in the Court, who have been duly identified by the Investigating Officer SI Vijay Kumar, police station Mandawali Fazalpur, Delhi.

9. On the other hand, learned APP submits that charge-sheet has

already been filed before learned Trial Court and after framing of charges against petitioners Nos.1 to 5, matter is pending for recording prosecution evidence.

10. It is further submitted that since the petitioner No.6 has resolved all the issues and joined her matrimonial house and happily living with petitioner No.1 as husband and wife, therefore, has no objection, if the aforementioned FIR is quashed.

11. Keeping the settlement dated 25.11.2011 arrived at Mediation Center, Karkardooma Courts, Delhi and the statement of petitioner No.6 into view, in the interest of justice, FIR No.408/2007 registered at police station Mandawali Fazalpur, Delhi, against petitioner Nos.1 to 5 and proceedings arising thereto are hereby quashed.

12. Consequently, Criminal M.C.No.637/2012 is allowed and stands disposed of.

13. No order as to costs.

14. Dasti.

SURESH KAIT, J

FEBRUARY 21, 2012 Mk