Tarsem & Anr vs State Govt Of Nct Of Delhi & Anr
2017 Latest Caselaw 4601 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(CRL) 2078/2017
         TARSEM & ANR                                   ..... Petitioners
                            Through: Mr. Vikram Singh, Advocate
                            along with petitioners in person.

                            versus


         STATE GOVT OF NCT OF DELHI & ANR..... Respondents
                      Through: Ms. Malika Parmar, Advocate for
                      Ms. Richa Kapoor, ASC for the State along
                      with SI Dalbir Singh, P.S. Mahendra Park,
                      Delhi.
                      Respondent no. 2 in person.


         CORAM:
         HON'BLE MR. JUSTICE VINOD GOEL
                 ORDER

% 30.08.2017

1. Respondent No.2 is present in the Court. She is duly identified by the IO SI Dalbir Singh.

2. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of the FIR bearing No.40/2016, registered on 20.01.2016 with Police Station Mahendra Park, Delhi, under Sections 498A/34 IPC on the complaint of respondent No.2.

3. It is submitted that the marriage of respondent No.2 with one Yashpal was solemnized on 17.11.2003 as per Hindu rites and

ceremonies in Delhi. Out of this wedlock two children were born. The husband of respondent namely Sh. Yashpal has been residing in Dubai.

4. The petitioner No.1 is the brother of Yashpal and petitioner No.2 is the sister-in-law of Yashpal.

5. Certain differences cropped up between the petitioners and respondent No.2. This led the respondent No.2 to lodge the complaint in P.S. Mahendra Park, Delhi which culminated into the said FIR. She had also preferred a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short 'DV Act') against the petitioners.

6. On making reference by the learned MM, Mahila Court, Rohini, Delhi, the parties appeared before the learned Mediator, Delhi Mediation Centre, Rohini, Delhi. They have resolved and settled all their disputes before the learned Mediator on 10.04.2017.

7. Pursuant to the mediation settlement, respondent No.2 states that she had withdrawn her petition under Section 12 of the D.V. Act. She submits that since the matter has been amicably settled with the petitioners, she does not want to pursue the said FIR. She submits that the said FIR may be quashed.

8. Learned ASC through the IO submits that the charge sheet has already been filed against both the petitioners.

9. The parties have amicably settled all their disputes and no purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the FIR bearing No.40/2016,

registered on 20.01.2016 with Police Station Mahendra Park, Delhi, under Sections 498A/34 IPC and proceedings arising out of the same are hereby quashed.

10. The petition is disposed of accordingly.

11. Dasti.

VINOD GOEL, J.

AUGUST 30, 2017 "sandeep"