RAKESH KUMAR Vs. STATE & ANR.

JUDGEMENT

(1.) BY the present petition the Petitioner seeks quashing of the FIR No. 499/1999 under Sections 406/498A/34 IPC registered at PS Rohini, Delhi on the complaint of Aasha since deceased, daughter of Respondent No. 2.

(2.) LEARNED counsel for the Petitioner contends that during the trial of the above -mentioned FIR, the complainant Aasha died on 2nd September, 2007 and her father the Respondent No. 2 herein was impleaded as legal representative along with the minor children of the complainant. The matter was referred to the mediation Cell on 16th February, 2009 where the parties entered into a settlement. As per the terms of the settlement, the Petitioner was to deposit Rs. 1 lakh each in the account of the two minor children and he deposited the same in the account of his two minor children which was to be converted into FDR by Respondent No. 2. After the Petitioner fulfilled the conditions on his behalf and nothing remained to be complied with by him the Respondent No. 2 did not honour the settlement and refused to give no objection to the quashing of the FIR and the other proceedings. Thus the Petitioner seeks quashing of the FIR on the ground that the Respondent No. 2 having entered into a settlement is bound by the terms of settlement and he cannot now resile there from. Reliance in this regard is placed on Surinder Kaur and others vs. Pritam Singh and others,, 154 (2008) DLT 598 and Jaibir and others vs. State and another,, 142 (2007) DLT 141.

(3.) I have heard learned counsel for the parties.