Nepal Singh v. The State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ NEPAL SINGH ..... Petitioner Through :

Mr.H.S.Gautam, Advocate along with petitioner present in person.

versus THE STATE & ORS ..... Respondents Through :

Ms.Manjeet Arya, APP.

Mr.S.K.Bhardwaj, Advocate, along with R-2/complainant present in person.

ASI Jaiveer Singh, PS K.Khas.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 03.05.2017 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.208/2011 registered under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act at PS K.Khas.

It is stated that the matter has been settled with the complainant/respondent No.2 amicably before Principal Judge, Family Courts, North-East District, Vishwas Nagar, Delhi. (2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled

with the petitioner 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. Pursuant to the settlement, remaining amount of `2,00,000/- (`1 lac in cash and `1 lac by way of demand draft bearing No.392430 dated 5.05.2017 drawn on State Bank of India) has been handed over to the complainant today in the Court. Divorce by mutual consent has been granted.

(3) Costs of `10,000/- imposed vide order dated 15.12.2016 has also been paid to the complainant today in the court. (4) The petition is supported by the affidavits of the parties. Order dated 13.08.2015 of Principal Judge, Family Courts, North-East District, Vishwas Nagar, Delhi, recording settlement between the parties is on record.

(5) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner, 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.208/2011 registered under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act at PS K.Khas and all the proceedings emanating therefrom are quashed.

(6) The petition is disposed of accordingly.

S.P.GARG, J.

MAY 03, 2017/sa

Statement of Respondent No.2 - Bharti, D/o Sh.Kishan Singh, R/o A-289, Pocket-6, Gali No.13, Sonia Vihar, Delhi, on S.A. I have settled the disputes with the petitioner amicably before the Principal Judge, Family Courts, North-East District, Vishwas Nagar, Delhi. Pursuant to the settlement, I have received remaining amount of `2,00,000/- (`1 lac in cash and `1 lac by way of demand draft bearing No.392430 dated 5.05.2017 drawn on State Bank of India) today in the Court. Costs of `10,000/- imposed vide order dated 15.12.2016 has also been received by me in cash today. I have no objection to the quashing of the FIR No.208/2011 registered under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act at PS K.Khas and all the proceedings emanating therefrom. R.O. & A.C.

03.05.2017 S.P.GARG (JUDGE)