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High Court of DelhiCRL.M.C./770/2017

Shivesh Pachauri & ORS. v. State & ANR.

2017-02-27Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 770/2017 SHIVESH PACHAURI & ORS.

..... Petitioners Through :

Mr.Uttam Kumar Das, Advocate along with petitioners in person.

versus STATE & ANR.

..... Respondents Through :

Ms.Anita Abraham, APP with SI Rajiv Kumar, PS Jaitpur.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 27.02.2017 CRL.M.A.No.3264/2017 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 770/2017 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.345/2014 registered under Sections 498A/406 IPC at PS Jaitpur. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Counselling Cell, Family Court, Saket, Delhi vide settlement agreement dated 06.11.2015.

2.

Complainant / respondent No.2 is present in person and has been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners CRL.M.C. 770/2017

amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question.

Divorce by mutual consent has already been granted. Pursuant to the settlement, remaining amount of `3 lacs by way of demand drafts (of `1 lac each) bearing Nos.064929 (dated 14.02.2017);

064972 (dated 15.02.2017) & 065001 (dated 16.02.2017) drawn on HDFC Bank have been given to the complainant in the Court today; copies of which have been placed on record.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 06.11.2015 has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to settle in life after divorce, FIR No.345/2014 registered under Sections 498A/406 IPC at PS Jaitpur and all the proceedings arising therefrom are quashed. 4.

The petition stands disposed of accordingly.

S.P.GARG, J FEBRUARY 27, 2017 / tr CRL.M.C. 770/2017