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High Court of DelhiCRL.M.C./262/2016

Ajit Chauhan & ORS v. State ( Govt Of NCT Of Delhi) & ANR

2017-01-30Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 262/2016 AJIT CHAUHAN & ORS ..... Petitioners Through :

Mr.Puneett Singhal, Advocate.

versus STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents Through :

Ms.Meenakshi Dahiya, APP.

Complainant present in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 30.01.2017 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.0068/2014 under Sections 498A/406/34 IPC registered at Police Station Palam Village. It is stated that the matter has been settled with Respondent No.2/complainant amicably.

(2) Initially, the complainant was not agreeable to the quashing of the present FIR as certain terms and conditions of the settlement dated 14.11.2016 were not complied with. She further urged that as per the settlement she has not been given the visitation rights. (3) Vide order dated 22.11.2016, pursuant to the settlement, draft bearing No.019685 dated 18.11.2016 for the sum of `5,00,000/- was handed over the complainant. It was also agreed that the complainant shall have visitation rights to meet her child Shivam Chauhan. The CRL.M.C. 262/2016

modalities were agreed to as to where and how the visitation rights were to take place. The matter was listed for today to report compliance. Parties have informed that as per the settlement recorded on 22.11.2016, the visitation rights have been made available to the complainant/respondent No.2.

(4) Parties ensure that the said arrangement shall continue in future. It is further agreed that in case of any difficulty/non-compliance, any of the parties will be at liberty to approach this Court. (5) Since the matter has been settled between the parties amicably before Councelling Cell, Family Court, Dwarka vide settlement deed dated 14.11.2014 (Ex.C-4) and its terms and conditions have been complied with, no useful purpose will be served to continue with the proceedings. It is further informed that the marriage between the parties has been dissolved by a decree of divorce by mutual consent. (6) In the interest of justice and to put an end to the litigation and to enable the parties to settle in life after divorce, FIR No.0068/2014 under Sections 498A/406/34 IPC registered at Police Station Palam Village and all the proceedings emanating therefrom are quashed. Parties shall abide by the terms and conditions recorded in the order dated 22.11.2016 in addition to the Settlement Agreement dated 14.11.2014 (Ex.C-4).

(7) The petition is disposed of accordingly.

S.P.GARG, J.

JANUARY 30, 2017/sa CRL.M.C. 262/2016