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* IN THE I{IGII COURT OF DELHI AT NEW DELIII
+ w.P.(cRL) 1183/2011
JALAJ PRAKASH SHARMA & ORS' ""' Petitioner
Through NIr. R.S. Goswami, Mr' Mukesh
Sharma, Advs. for the Petitioner with
Petitioners in Person.
* IN THE I{IGII COURT OF DELHI AT NEW DELIII
+ w.P.(cRL) 1183/2011
JALAJ PRAKASH SHARMA & ORS' ""' Petitioner
Through NIr. R.S. Goswami, Mr' Mukesh
Sharma, Advs. for the Petitioner with
Petitioners in Person.
VERSUS
STATE NCT OF DELHI & ANR' ""' Respondent
ThroughMr.PawanSharma,sCforStatewith
Ms. Laxmi Chauhan, Adv' with Mr'
Hemant Kumar, SI, P.S' Mukherjee
Nagar.
Mr. Ashok Soni, Adv. for R-2 with R-
2 in person.
ThroughMr.PawanSharma,sCforStatewith
Ms. Laxmi Chauhan, Adv' with Mr'
Hemant Kumar, SI, P.S' Mukherjee
Nagar.
Mr. Ashok Soni, Adv. for R-2 with R-
2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA oh
Cr1.M.A. l004ll20ll
26.08.2011
Exemption allowed subject to just exception' w.P.(cRL) 1183/2011
By this petition the Petitioners seek quashing of FIR No' 4312010 under Section 406/4g8N34 IPC registered at P.S. Muklaerjee Nagar'
During the pendency of investigation the parties have arrived at a settlement. The terms of settlement are incorporated in the compromise
W.P.(CRL) 1183/2011 Pase 1 of 3
2011:DHC:16932 deed copy of which is arurexed as Annexure P-3 to the present petition'
Respondent No.2 who is present in court and is identified by her counsel and the Investigating Officer states that in view of the settlement arrived at between the parties she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. The Petitioners No' 1 to 3 who are also present in court and are identified by their counsel and the Investigating officer state that they will abide by the terms of settlement' They further state that the properlry wherein Respondent No.2 and the children of
Petitioner No.l and Respondent No.2 have been given the right of residence is in the name of the mother of Petitioner No.2 Smt. Lajja Devi' They state that Smt. LaiiaDevi will appear before the Learned Metropolitan Magistrate on the 30th August, 2011 and make a statement that she will not alienate or part with the said property and will abide by the terms of the compromise'
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. w.P.(cRL) 118s/2011
Cr1.M.A. l004ll20ll
26.08.2011
Exemption allowed subject to just exception' w.P.(cRL) 1183/2011
By this petition the Petitioners seek quashing of FIR No' 4312010 under Section 406/4g8N34 IPC registered at P.S. Muklaerjee Nagar'
During the pendency of investigation the parties have arrived at a settlement. The terms of settlement are incorporated in the compromise
W.P.(CRL) 1183/2011 Pase 1 of 3
2011:DHC:16932 deed copy of which is arurexed as Annexure P-3 to the present petition'
Respondent No.2 who is present in court and is identified by her counsel and the Investigating Officer states that in view of the settlement arrived at between the parties she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. The Petitioners No' 1 to 3 who are also present in court and are identified by their counsel and the Investigating officer state that they will abide by the terms of settlement' They further state that the properlry wherein Respondent No.2 and the children of
Petitioner No.l and Respondent No.2 have been given the right of residence is in the name of the mother of Petitioner No.2 Smt. Lajja Devi' They state that Smt. LaiiaDevi will appear before the Learned Metropolitan Magistrate on the 30th August, 2011 and make a statement that she will not alienate or part with the said property and will abide by the terms of the compromise'
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. w.P.(cRL) 118s/2011
@
Consequently, FIR No. 4312010 under Section 4061498N34 IPC registered at P.S. Mukherjee Nagar and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of. Order dasti.
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Consequently, FIR No. 4312010 under Section 4061498N34 IPC registered at P.S. Mukherjee Nagar and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of. Order dasti.
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P* t'
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MUKTA GUPTA,J
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JUDGMENT