Inder Kumar Malhan & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 857/2018 INDER KUMAR MALHAN & ORS ..... Petitioners Through :

Mr.Sunil Mittal, Sr.Advocate, with Ms.Seema Seth, Advocate, along with petitioners present in person.

versus STATE & ANR ..... Respondents Through :

Mr.Ashish Aggarwal, ASC with Mr.Piyush Singhal, Advocate.

Mr.V.K.Chopra, Advocate, for the attorney/father of R-2 along with father of the complainant present in person.

SI Ashok Ahalawat, PS Vikas Puri.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 16.05.2018 1.

Present petition under Article 226/227 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.0007/2017 under Sections 498A/406/34 IPC registered at Police Station Vikas Puri. It is stated that the matter has been settled amicably with the complainant / respondent No.2. 2.

Father of the complainant [in whose favour Special Power of Attorney dated 15.01.2018, (Annexure 'P-4', Page 37) has been W.P.(CRL) 857/2018

executed by her] is present with his counsel and has been identified by the Investigating Officer. I have enquired from him if respondent No.2 has settled the dispute with the petitioners amicably without any fear or pressure. He has informed that all the disputes between the parties have been resolved amicably with the free consent of respondent No.2 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 draft bearing No.462522 dated 19.03.2018 drawn on Syndicate Bank in the name of the complainant has been given to the complainant's father today in the court.

3.

The petition is supported by affidavits of the parties. The complainant is presently studying in Auckland, New Zealand. She is unable to appear in person. Special Power of Attorney executed by respondent No.2 in favour of her father has been placed on record. 4.

Complainant's father has no adverse interest. 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.0007/2017 under Sections 498A/40634 IPC registered at Police Station Vikas Puri, Delhi and all the proceedings arising therefrom are quashed. 5.

The petition stands disposed of accordingly.

S.P.GARG, J.

MAY 16, 2018/sa W.P.(CRL) 857/2018