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High Court of DelhiCRL.M.C./150/2017

Pushpender v. State & ORS.

2017-05-23Hon'Ble Mr. Justice S.P.Garg2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 150/2017 PUSHPENDER ..... Petitioner Through :

Mr.Naresh Sharma, Advocate with Ajay Sharma, Advocate along with petitioner in person.

versus STATE & ORS.

..... Respondents Through :

Mr.Amit Gupta, APP with ASI Tej Ram, PS Najafgarh.

Mr.Chetan Swrup, Advocate for R2 & R3 along with R2 and R3 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 23.05.2017 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.698/2003 registered under Section 363 IPC at PS Najafgarh. It is stated that the matter has been settled amicably with the complainant / respondents No.2 & 3.

2.

Trial Court record has been examined. Earlier the petitioner was absconding and was declared Proclaimed Offender. However, subsequently, he has surrendered and was granted interim bail without arrest. At present he is on interim bail. At the time of crime, the prosecutrix was on the verge of attaining majority. She has three children.

CRL.M.C. 150/2017

3.

Complainant / respondents No.2 & 3 are present with counsel and have been identified by the Investigating Officer. I have enquired from them if they have settled the dispute with the petitioner amicably without any fear or pressure. They have informed that all the disputes between the parties have been resolved amicably with their free consent and the respondent No.3 and the petitioner are living together since 02.10.2006. They have no objection to the quashing of the FIR in question.

4.

The petition is supported by affidavits of the parties. Since the dispute between the parties has been settled and the respondent No.3 is residing with the petitioner in the matrimonial home happily, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to maintain their matrimonial relations, FIR No.698/2003 registered under Section 363 IPC at PS Najafgarh and all the proceedings arising therefrom are quashed.

5.

The petition stands disposed of accordingly.

S.P.GARG, J MAY 23, 2017 / tr CRL.M.C. 150/2017