Deepak Bansal & Ors v. State

ORDER %

02.11.2010

¶1The present petition is filed by petitioners under Section of the Cr.PC praying inter alia for quashing of FIR No.546/2006, lodged by against her husband, No.l and the mennbers of his family, petitioners No.2 to 4 under Sections 406/498A/34 IPC, registered with Police Station: Sangam Vihar, New Delhi.

¶2Counsel for the petitioners states that marriage of No.l was solemnized on

10.07.2003 according to Hindu rites and ceremonies. One female child was born from out of the wedlock on 28.06.2004. The said child is in custody of petitioner No.5/complainant. In the year 2004, due to Page No.l of 3 \ 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. temperamental disputes differences between parties, they separated. On 08.06.2006, the aforesaid FIR came to be lodged by against her husband, No.l and the members of his family, petitioners No.2 to 4. In the meantime, parties explored possibility of arriving at a negotiated settlement by interacting with each directly. Counsel for the petitioners states that in terms of the settlement, petitioners No.l to 4 have agreed to pay a sum of ?2 lacs to petitioner in full and final settlement of all her claims against them. It is further agreed between the parties that the minor child shall remain in the custody of No.5/complainant. Counsel for the petitioners states that the aforesaid sum of ?2 lacs has been deposited in the Family Court at Jaipur amount shall be released to upon the divorce by mutual consent being granted.

¶3Petitioner is present in Court is identified by the counsel for petitioners No.l to 4. She confirms fact that she has arrived at the aforesaid settlement of her own free will and volition and without any undue influence, pressure or coercion from any quarters.

¶4Learned APP for the State submits that after completion of investigations, charge-sheet has been filed. He, however, states Page No.2 of 3 that in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.

¶5This Court has heard counsels for the parties. In view of submission made by petitioner No.5/compIainant and'in view of the fact that the parties have arrived at a settlement of their own free will and volition without any undue influence or coercion from any quarters, useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

¶6Accordingly, the prayer made in the petition is allowed. FIR No.546/2006, lodged by with Police Station: Sangam Vihar, New Delhi, all proceedings arising therefrom stand quashed.

¶7The petition is disposed of, alongwith the pending applications. File be consigned to the record room. HIMA KOHLI,J NOVEMBER 02, 2010 rkb Page No.3 of 3

21. * IN THE HIGH COURT OF DELHI AT NEW DELHI + and CrLM.A. 17030-17031/2010 DEEPAK BANSAL AND OTHERS. Petitioners Through: l^r. Shaminder Kadian/Advocate with petitioners No.l, 3, 4 and 5 in person. versus STATE Respondent Through: Mr. Navin Sharma, APP for the State with lO/SI Bhagwan Sahai, PS Sangam Vihar. CORAIvi: HON'BLE |V|S. JUSTICE HIMA KOHLI