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High Court of DelhiW.P.(CRL)/1031/2018

Monish & ORS v. The State & ANR (Ncr Of Delhi)

2018-04-11Hon'Ble Mr. Justice S.P.Garg3 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1031/2018 MONISH & ORS ..... Petitioners Through :

Mr.R.R.Raju, Advocate along with petitioners in person.

versus THE STATE & ANR (NCR OF DELHI) ..... Respondent Through :

Mr.Jamal Akhtar, proxy counsel for Mr.Rahul Mehra, Standing Counsel.

Complainant is present in person.

SI Sonu, PS S.P.Badli.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 11.04.2018 CRL.M.A.No. 6403/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 1031/2018 1.

Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.1031/2016 registered under Sections 498A/406/34 IPC at PS S.P.Badli. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Counselling Cell, Family Court (North District), Delhi vide settlement agreement dated 19.02.2018.

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 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 taken place. Pursuant to the settlement, remaining amount of `20,000/- (in cash) has been given to the complainant in the Court today. Statement to that effect has been recorded separately.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 19.02.2018 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.1031/2016 registered under Sections 498A/406/34 IPC at PS S.P.Badli and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

S.P.GARG, J APRIL 11, 2018 / tr

W.P.(CRL) 1031/2018 Statement of Respondent No.2 - Rihana, D/o Late Aneem, R/o Jhuggi No.491, Bhagwanpura, Samaypur, Delhi-110042. On S.A.

I have settled the disputes with the petitioners amicably before the Counselling Cell, Family Court (North District), Delhi vide settlement agreement dated 19.02.2018. Pursuant to the settlement, I have received remaining amount of `20,000/- (in cash) today in the court. I have no objection to the quashing of the FIR No.1031/2016 registered under Sections 498A/406/34 IPC at PS S.P.Badli and all the proceedings emanating therefrom.

R.O. & A.C.

11.04.2018 S.P.GARG (JUDGE)