CRL.M.C./1277/2016 of RAHISHA BANO & ORS Vs THE STATE & ANR

Court: Delhi High Court
Decision date: 2017-08-01
Case number: 1277/2016

Parties

RAHISHA BANO & ORS (PETITIONER)
THE STATE & ANR (RESPONDENT)

Cites (1)

TEST.CAS./31/2003 of MOHINDER SINGH Vs THE STATE AC+ (2017)

Statutes cited (1)

indian penal code (1860)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 1277/2016

RAHISHA BANO & ORS

..... PetitionersThrough:Mr. Pradeep Choudhary and Mr.Vikrant Choudhary, Advs.Vikrant Choudhary, Advs.

versus

THE STATE & ANR...... RespondentsThrough:Ms. Meenakshi Dahiya, APP withInspector Suman Kumar, ATO/JamaMasjid for respondent no. 1Mr. V.K. Agarwal and Mr. S. Bharti,Advs.withrespondentno.2inperson.Through:Ms. Meenakshi Dahiya, APP withInspector Suman Kumar, ATO/JamaMasjid for respondent no. 1Mr. V.K. Agarwal and Mr. S. Bharti,Advs.withrespondentno.2inperson.

CORAM:HON'BLE MR. JUSTICE A.K. PATHAK

O R R%01.08.2017

It is submitted that petitioners and respondent no. 2 have settled theirdisputes amicably; therefore FIR No. 65/2013 under Sections 308/34 IPCregistered at Police Station Jama Masjid, on the complaint of respondent no.2 may be quashed.Respondent no. 2 is present in Court along with hiscounsel and has been identified by Inspector Suman Kumar, P.S. JamaMasjid.Respondent no. 2 submits that petitioners are related to him.Aquarrel took place on some trivial issue, which led to registration of the

present FIR.Respondent no. 2 further submits that in the incident, hisdaughter Ms. Namra Khan had sustained simple injuries. Respondent no. 2further submits that his daughter is married. Affidavit of Ms. Namra Khanhas also been placed on record; wherein, she has stated that she has settledthe matter with the petitioners of her own free will and without any kind ofpressure, threat or undue influence.Matter has been settled before theMediation Centre on 25[th]February, 2016. Certified copies of the mediationproceedings, containing the terms of settlement, are on record as Annexure-II. Respondent no. 2 submits that neither he nor his daughter wish to pursuethe FIR any further and the same may be quashed.

Keeping in mind the fact that settlement has been arrived at betweenthe petitioners and respondent no. 2, inasmuch as, respondent no.2 is notinterested in pursuing the FIR any further, in the interest of justice, FIR No.65/2013 under Sections 308/34 IPC registered at Police Station Jama Masjidand the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti.

AUGUST 01, 2017rb

A.K. PATHAK, J.