Prakash Sharma & Ors v. State & Anr

ORDER %

03.11.2011 This is a petition under Section Cr.P.C for quashing of FIR No. 1035/2001 under Section 406/498A/34 of IPG registered at Police Station Malviya Nagar, New Delhi and the subsequent proceedings emanating therefronn. The petitioner no.1 and respondent no.2 were married and daughter Baby Ashita was born out of the wedlock who is in custody of respondent no.2. The parties have arrived at an amicable settlement before the Mediation and Conciliation Centre. The report of IMediation & Conciliation Centre is placed on record. In terms of the settlement arrived at inter se parties, the respondent no.2 has been paid an amount of Rs.2 lac by way of an FDR in the name of baby Ashita by the petitioner Mr. Prakash Sharma. That being so, the Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. a respondent no.2 will have no right, interest or claim, present, past and future against the petitioners. The petitioner no.l and respondent no.2 shall live separately without there being any interference of each other. However, by way of the settlement arrived at between the parties, they cannot deprive their daughter Ashita of her lawful rights. She would be entitled to seek the remedy as per law, if she so desires, after attaining the age of majority. In view of the above, no useful purpose would be served to continue with the abovesaid FIR and the proceedings emanating therefrom. Accordingly, FIR No.1035/2001 under Section 406/498A/34 of IPG registered at Police Station Malviya Nagar, New Delhi and the subsequent proceedings emanating therefrom are hereby quashed. Bail bonds of the petitioners are hereby cancelled and their sureties discharged. The petition stands disposed of in above terms. Dasti. M.L. Mehta, J November 03, 2011 rd

I * IN THE HIGH COURT OF DELHI AT NEW DELHI + CrI. MC No. 3603/2011 Prakash Sharma ,&. Ors. Petitioners Tlirougin: l^lr. S.K. Jain, Adv. versus STATE & Anr. Respondents Through: l^s. Jasbir Kaur, APP for State Counsel (presence not given) for Respondent no.2. along with respondent no.2 present in person. CORAM: HON'BLE MR. M.L. MEHTA