R.K.Gauba, J. - (1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 07.02.2011. From out of cohabitation of the said parties a male child Vaibhav took birth on 01.01.2012. On 19.10.2011, on the complaint of the second respondent, first information report (FIR) No.511/2011 was registered by Police Station Uttam Nagar involving offences punishable under sections 406/498-A/34 of Indian Penal Code, 1860 (IPC), the allegations having been made against the first petitioner (the husband), his father (the second petitioner), his mother (the third petitioner) his brothers (fourth and fifth petitioners) and another relative (the sixth petitioner). It is stated that on conclusion of the investigation a report (charge sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was submitted by the police in the court of Metropolitan Magistrate on 12.02.2013, the same being now subject matter of the criminal case No.14/2 of 2013.
(2.) By the petition at hand, presented by invoking inherent power and jurisdiction of this court under Section 482 Cr.P.C. prayer is made for quashing of the proceedings in the said criminal case on the basis of a settlement that is stated to have been entered upon by the petitioner on one hand and the second respondent (the complainant) on the other before the mediation centre, Tis Hazari Courts, Delhi on 30.01.2014, upon reference to mediation having been made by the family court in the case for divorce (HMA case No.355/2013) then pending.
(3.) The petition is resisted by the second respondent by a reply styled as counter/objections submitted in August, 2016 to which a reply has been filed, it to be treated as rejoinder. Pursuant to certain earlier orders the parties have filed further affidavits referring to the dispute that has been raised by the complainant.;