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High Court of DelhiCRL.M.C./1096/2020

Shri Gaurav & ORS. v. State & ANR

2020-02-27Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~52.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + SHRI GAURAV & ORS.

..... Petitioners Through: Mr. Ruchir Batra and Mr. Hitesh Batra, Advocates petitioners in person versus STATE & ANR ..... Respondents Through: Ms. Neelam Sharma, APP for State with SI SP Samaria, P.S. Sagar Pur and respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 27.02.2020 CRL.M.A. 4325/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 1096/2020 .

1.

The present proceedings are instituted seeking quashing of FIR No.86/2017 under Sections 498A/354/324/341/509/34 IPC registered at Police Station Sagar Pur, Delhi on the ground that parties have settled their disputes.

2.

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.

3.

Learned counsels for the parties submit that they have entered into a settlement before Mediation Centre, Dwarka Courts, New Delhi on 21.09.2017. A copy of the same is annexed as Annexure -2 with the petition. In terms of the settlement, the marriage between the petitioner and respondent no.2 has been dissolved by a decree of divorce by mutual consent passed by the Family Court, Dwarka, New Delhi on 29.09.2018. As per the settlement, petitioners have paid remaining amount of Rs.1,00,000/- to respondent No.2 by way of demand draft bearing No.829214 dated 09.01.2020 drawn on United Bank of India. In terms of the settlement respondent No. 2, is now, left with no claim whatsoever against the petitioners.

4.

The petitioners, who are present in person, are identified by their counsel and the Investigating Officer. Respondent No.2, who is present in person, is also identified by the Investigating Officer. 5.

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.

6.

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

7.

The parties are bound by the statements made in Court today. 8.

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.

9.

The petition stands disposed of.

10.

Order dasti to the counsel for the petitioners. MANOJ KUMAR OHRI, J FEBRUARY 27, 2020 na