Tarsem & Anr vs.state Govt of Nct of Delhi & Anr

Tarsem & Anr vs State Govt of Nct of Delhi & Anr

Type Court Judgment Court Delhi Decided Aug 30, 2017

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https://sooperkanoon.com/case/1208448

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Citation: sooperkanoon.com/1208448
Court: Delhi High Court
Decided On: Aug 30, 2017
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Tarsem & Anr

Advocate Mr. Vikram Singh

Respondent

State Govt of Nct of Delhi & Anr

Advocate Ms. Malika Parmar, Ms. Richa Kapoor

Excerpt

.....justice vinod goel order3008.2017 respondent no.2 is present in the court. she is duly identified by the io si dalbir singh. the petitioners have invoked the writ jurisdiction of this court under article 226 of the constitution of india read with section 482 of the code of criminal procedure, 1973 (in short ‘cr.pc’) for quashing of the fir bearing no.40/2016, registered on 20.01.2016 with police station mahendra park, delhi, under sections 498a/34 ipc on the complaint of respondent no.2. it is submitted that the marriage of respondent no.2 with one yashpal was solemnized on 17.11.2003 as per hindu rites and % 1.2. 3. w.p. (crl.) 2078/2017 page 1 of 3 ceremonies in delhi. out of this wedlock two children were born. the husband of respondent namely sh. yashpal has been residing in dubai. the petitioner no.1 is the brother of yashpal and petitioner no.2 is the sister-in-law of yashpal. certain differences cropped up between the petitioners and respondent no.2. this led the respondent no.2 to lodge the complaint in p.s. mahendra park, delhi which culminated into the said fir. she had also preferred a petition under section 12 of the protection of women from domestic violence act, 2005 (in short ‘dv act’) against the petitioners. on making reference by the learned mm, mahila court, rohini, delhi, the parties appeared before the learned mediator, delhi mediation centre, rohini, delhi. they have resolved and settled all their disputes before the learned mediator on 10.04.2017. pursuant to the mediation settlement, respondent no.2 states that she had withdrawn her petition under section 12 of the d.v. act. she submits that since the matter has been amicably settled with the petitioners, she does not want to pursue the said fir. she submits that the said fir may be quashed. learned asc through the io submits that the charge sheet has already been filed against both the petitioners. the parties have amicably settled all their disputes and no purpose would be.....

Full Judgment

$~30 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2078/2017 TARSEM & ANR ........ Petitioner

s Through: Mr. Vikram Singh, Advocate along with petitioners in person. versus STATE GOVT OF NCT OF DELHI & ANR........ RESPONDENTS

Through: Ms. Malika Parmar, Advocate for Ms. Richa Kapoor, ASC for the State along with SI Dalbir Singh, P.S. Mahendra Park, Delhi. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER

3008.2017 Respondent No.2 is present in the Court. She is duly identified by the IO SI Dalbir Singh. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No.40/2016, registered on 20.01.2016 with Police Station Mahendra Park, Delhi, under Sections 498A/34 IPC on the complaint of respondent No.2. It is submitted that the marriage of respondent No.2 with one Yashpal was solemnized on 17.11.2003 as per Hindu rites and % 1.

2. 3. W.P. (Crl.) 2078/2017 Page 1 of 3 ceremonies in Delhi. Out of this wedlock two children were born. The husband of respondent namely Sh. Yashpal has been residing in Dubai. The petitioner No.1 is the brother of Yashpal and petitioner No.2 is the sister-in-law of Yashpal. Certain differences cropped up between the petitioners and respondent No.2. This led the respondent No.2 to lodge the complaint in P.S. Mahendra Park, Delhi which culminated into the said FIR. She had also preferred a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short ‘DV Act’) against the petitioners. On making reference by the learned MM, Mahila Court, Rohini, Delhi, the parties appeared before the learned Mediator, Delhi Mediation Centre, Rohini, Delhi. They have resolved and settled all their disputes before the learned Mediator on 10.04.2017. Pursuant to the mediation settlement, respondent No.2 states that she had withdrawn her petition under Section 12 of the D.V. Act. She submits that since the matter has been amicably settled with the petitioners, she does not want to pursue the said FIR. She submits that the said FIR may be quashed. Learned ASC through the IO submits that the charge sheet has already been filed against both the petitioners. The parties have amicably settled all their disputes and no purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the FIR bearing No.40/2016, 4.

5. 6.

7. 8.

9. W.P. (Crl.) 2078/2017 Page 2 of 3 registered on 20.01.2016 with Police Station Mahendra Park, Delhi, under Sections 498A/34 IPC and proceedings arising out of the same are hereby quashed. The petition is disposed of accordingly.

10. 11. Dasti. AUGUST30 2017 “sandeep” VINOD GOEL, J.

W.P. (Crl.) 2078/2017 Page 3 of 3

Same Court & Year Delhi · 2017 Same Parties Tarsem & Anr vs State Govt of Nct of Delhi & Anr Same Subject Land Acquisition