Raj Kumar Gupta & Ors v. State & Anr

ORDER

08.11.2011 Despite order dated 4th April, 2011, neither the SHO nor the ,,J Investigating Officer and the complainant were present in Court on the last date of hearing. An explanation has been tendered by the SHO in Court today that he was not communicated. the order passed by this Court. In view of the explanation, notice to the SHO, Police Station Nangloi is discharged. By this petition the petitioners seek quashing of FIR No. 1211/05 under Sections 498-A/406/34 IPC registered at Police Station Nangloi, Delhi Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. on the complaint of Respondent No.2/Smt. Guddi Devi. Respondent No.2/Complainant, who is present m Court and is identified by the Investigating Officer, states that she has settled the matter with the Petitioners and in terms of the settlement, she has received a sum of Rs. 2.25 lacs besides retaining part ownership of the House No. RZ 2711345, Gali No.3, Shivpuri, West Sagarpur, New Delhi-46 in her possession. She states that out of the plot of 60 sq. yards she has retained the front portion of 25 sq. yards and she has transferred the back portion of the house admeasuring 35 sq. yards to the Petitioner No.1. In view of the settlement arrived at between the parties, she states that she does not want to pursue the present petition. The Petitioners are also present in person. Petitioner No.1 states that house bearing No. RZ 2711345, Gali No.3, Shivimri, West Sagarpur, New Delhi-46 is owned by Respondent No.2 Smt. Guddi Devi. Besides, a portion e of 3 5 sq. yards on the back portion of the said plot which is in his possession - he has no claims whatsoever on the remaining 25 sq. yards of the plot which is owned and possessed by the Respondent No.2. 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 acnmony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto . . Consequently, FIR No. 1211/05 under Sections 498-A/406/34. IPC registered at Police Station Nangloi, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet m acknowledgment of their statements made before this Court. The petition is disposed of. Order dasti. NOVEMBER 08,2011 mb .-- - A·f('· ( 1--1·

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3496/2010 0/o RAJ KUMAR GUPTA & ORS ....... Petitioners Through: Mr.A.K.Dubey, Adv. Petitioners in person. versus STATE & ANR ..... Respondents CORAM: Through: Mr.Manoj Ohri, APP for the State with Inspector Dhirendra Sharma, SHO, Nangloi, Inspector Renu Sharma, ATO, Sagarpur, ACP Raj Kumar from Nangloi. Respondent No.2 in person. HON'BLE MS. JUSTICE MUKTA GUPTA