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High Court of DelhiCRL.M.C./974/2016

Sumit Jain @ Sumit Kumar & ORS v. State ( NCT Of Delhi) & ANR

2016-10-07Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 974/2016 SUMIT JAIN @ SUMIT KUMAR & ORS ..... Petitioners Through :

Mr.Z.A.Siddiqui, Advocate along with petitioners present in person.

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

Ms.Manjeet Arya, APP.

Mr.Nitesh Kumar, Advocate, for the complainant/R-2 along with complainant/R-2 present in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 07.10.2016 Crl.M.A.16039/2016 (for early hearing) The application is allowed.

The date already fixed in the matter i.e.18.01.2017 stands cancelled.

CRL.M.C. 974/2016 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.52/2013 under Sections 498-A/406/34 IPC registered at Police Station Sagarpur. It is stated that the matter has been settled with the complainant/victim amicably before Delhi Mediation Centre, Tis Hazari Courts. Divorce by mutual consent has been granted.

CRL.M.C. 974/2016

(2) Respondent No.2-complainant is present before the Court along with her counsel and is identified by him. I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR.

It is informed that pursuant to the settlement demand drafts bearing No.244460 dated 08.09.2016 for the sum of `1,50,000/- has been handed over to the complainant today in the court.

(3) The petition is supported by the affidavits of the parties. Order dated 25.02.2014 of Mediation Centre, Tis Hazari Courts, recording settlement between the parties is on record.

(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. 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.52/2013 under Sections 498-A/406/34 IPC registered at Police Station Sagarpur and all the proceedings emanating therefrom are quashed.

(5) The petitioners are, however, burdened with costs of `15,000/- to be deposited with Prime Minister National Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (6) The petition is disposed of accordingly.

S.P.GARG, J.

OCTOBER 07, 2016/sa CRL.M.C. 974/2016