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High Court of DelhiCRL.M.C./679/2020

Amit Kumar & ORS. v. State & ANR.

2020-02-07Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~42.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 679/2020 AMIT KUMAR & ORS.

..... Petitioners Through: Mr. Vishal Raj Sehijpal, Advocate

Versus

STATE & ANR.

..... Respondents Through: Ms. Neelam Sharma, APP for State with SI Ankit, P.S. Ambedkar Nagar Mr. D.K. Shukla, Advocate for respondent No.2 with respondent No.2

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.02.2020 CRL.M.A. 2816/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 679/2020 1.

The present proceedings are instituted seeking quashing of FIR No.136/2016 under Sections 498A/406/34 IPC registered at Police Station Ambedkar Nagar, Delhi on the ground that the parties have settled their disputes.

2.

Petitioner No.1 is the husband of the complainant/respondent No.2 and petitioners No.2 and 3 are the father-in-law and mother-in-law of the complainant.

3.

Ms. Neelam Sharma, learned APP for the State submits that the charge-sheet has been filed under the aforesaid sections against the petitioners and respondent No.2 is the only complainant/victim. 4.

Learned counsels for the parties submit that the parties have entered

into a settlement before Mediation Centre, Saket Courts, New Delhi on 01.02.2019. A copy of the same is annexed as Annexure P-2 with the petition. In terms of the settlement, the parties have already been granted divorce by mutual consent vide decree of divorce dated 28.05.2019. A copy of the same is annexed as Annexure P-2. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the petitioners.

5.

The petitioners and respondent No.2, who are present in person, are identified by their respective counsels and the Investigating Officer. 6.

Respondent No.2, who is present in Court, states that she has entered into the settlement agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties are bound by the statements made in Court today. 9.

In view of the facts and since the disputes are matrimonial in nature, no useful purpose will be served in continuance of the proceedings, it is hereby directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

10.

The petition stands disposed of accordingly.

11.

Copy of the order be given dasti to the learned counsel for the parties. MANOJ KUMAR OHRI, J FEBRUARY 07, 2020 na CRL.M.C. 679/2020