Babu Ram Arora & Ors v. State & Anr

Delhi High Court · 03 Aug 2011 · 2011:DHC:11562
Suresh Kait
CRL.M.C. 2514/2011
2011:DHC:11562 A
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 154 Cr.P.C. based on a settlement between the parties and the complainant's consent to withdraw the complaint.

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r' ' > $-25 HIGH COURT OF DELHI
CRL.M.C. 2514/2011
BABU RAM ARORA & ORS Petitioners
Through: Ms. Amita Gupta, Advocate
VERSUS
STATE & ANR Respondents
Through: Ms. Rajdeep Behura, APP for Statewith SI
Sunil Kumar, PS Uttam Nagar
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
03.08.2011
ORDER

1. The present petition has been filed against FIR No.397/2009 filed by respondent No.2 registered under Section 154 Cr.P.C. against petitioner No.2 Sanjeev Arora and his relatives petitioner Nos. 1, 3 and 4 atPS Uttam Nagar.

2. Learned counsel forthepetitioners submits thatrespondent No.2 hassettled disputes qua aforesaid FIR vide settlement dated 29^^ January, 2010 arrived at Mediation Centre, Tis Hazari Courts, Delhi. Further submits that as per the settlement dated 29^^ January, 2010 f 4,000/- was to be given to respondent No.2 by the petitioner No.2 to meet only the household expenses by the 5^*^ day ofevery month. In case there is any increase in his salary, he will contribute and give proportionate share towards the householdexpenses.

3. Respondent No.2 Ms. Meenu Arora who is personally present in Court 2011:DHC:11562 A today is identified by SI Sunil Kumar, PS Uttam Nagar. She further submitS-Ttrar she has settled allthe disputes qua theaforesaid FIRwith petitioner No.2 husband and his relatives petitioner Nos.l, 3 and 4. She further states that she has no grievance left and does not want topursue the aforesaid FIR and has no objection ifthe aforesaid FIR is quashed.

4. Learned APP for the State has stated that the charge sheet has not yet been filed, as the investigation is going on.

5. Since respondent No.2/coniplainant has settled the issue qua the aforesaid FIRwith all the petitioners and she does not want to pursue the case any fiirther and has no objectionifthe aforesaid FIR is quashed.

6. In the interest ofjustice, and keeping in view the settlement dated 29^ January, 2010, the FIRNo.397/2009 dated 25.12.2009 under Section 154 Cr.P.C. registered at PS Uttam Nagar against petitioner No.2 Sanjeev Arora and his relatives petitioner Nos.l, 3 and 4 and all proceedings emanating therefrom are hereby quashed.

7. Considering the financial position of the petitioner No.2, I defer in imposing cost on him and his relatives, petitioner Nos.l, 3 & 4.

8. CRL.M.C. 2514/2011 is allowed in above terms.

SURESH KAIT, J AUGUST 03,2011 vld