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High Court of DelhiCRL.M.C./422/2017

Manish Kaushik & ORS. v. State Govt. Of NCT Of Delhi & ANR.

2017-03-09Hon'Ble Ms. Justice Mukta Gupta2 pages

5# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 422/2017 MANISH KAUSHIK ..... Petitioner Represented by:

Mr. Sunil Dwivedi, Advocate with petitioner in person.

versus STATE GOVT. OF NCT OF DELHI & ANR.

..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Gajender Singh, PS CAW Cell.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.03.2017 By the present petition the petitioner seeks quashing of FIR No. 152/2010 under Sections 498A/406/34 IPC registered at PS CAW Cell, Nanak Pura, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State has handed over a status report which is taken on record. As per the status report though allegations were levelled against the mother of the petitioner as well however, charge sheet for offences punishable under Sections 498A/406 was filed only against the present petitioner. Hence the petitioner is the only accused and the respondent No.2 the only complainant/victim in the above noted FIR. CRL.M.C. 422/2017

The complainant/Respondent No. 2 Ms. Archi Bhardwaj, who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioner and is now living with him in the matrimonial home since December, 2016. She states that she has no cause of grievance and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by learned counsel affirms the statement of respondent No.2 and assures that he will make his best endeavour that the parties lead a happy married life. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 152/2010 under Sections 498A/406/34 IPC registered at PS CAW Cell, Nanak Pura, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 09, 2017/'vn'

CRL.M.C. 422/2017