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High Court of DelhiW.P.(CRL)/1065/2018

Kuldeep Kumar & ORS v. NCT Of Delhi & ANR

2018-04-12Hon'Ble Mr. Justice S.P.Garg2 pages

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1065/2018 KULDEEP KUMAR & ORS ..... Petitioners Through :

Mr.M.K.Saroja, Advocate.

versus NCT OF DELHI & ANR ..... Respondents Through :

Mr.Rajesh Mahajan, ASC along with SI Sunil Kumar, PS Dwarka North.

Mr.Sundram, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 12.04.2018 CRL.M.A.No. 6528/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 1065/2018 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.184/2016 registered under Sections 498A/406 IPC at PS Dwarka North. It is stated that the matter has been settled amicably with the complainant / respondent No.2 vide settlement agreement dated 23.05.2017.

2.

Complainant / respondent No.2 is present with counsel 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 `3 lacs by way of demand draft bearing No.514718 dated 22.03.2018 drawn on Oriental Bank of Commerce has been given to the complainant in the Court today.

3.

It is informed that certain goods / articles are lying with the police in this case after recovery during investigation. Learned counsel for the petitioners has no objection if the goods / articles are released to the complainant.

Let the goods be released to the complainant.

4.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 23.05.2017 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.184/2016 registered under Sections 498A/406 IPC at PS Dwarka North and all the proceedings arising therefrom are quashed.

5.

The petition stands disposed of accordingly.

S.P.GARG, J APRIL 12, 2018 / tr