Varun Gupta & ORS v. State & ANR

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1273/2018 VARUN GUPTA & ORS ..... Petitioners Through :

Mr.Jatin S.Sethi, Advocate.

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

Mr.Rajesh Mahajan, ASC.

Mr.Yatender Khatri, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 26.04.2018 CRL.M.A.No. 7759/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 1273/2018 & CRL.M.A.No.7758/2018 (Stay) 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.226/2016 under Sections 498A/406/34 IPC at PS Vijay Vihar. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before Counseling Cell, Principal Judge, Family Court (North-West) Rohini, Delhi vide settlement agreement dated 27.03.2017.

2.

Complainant / respondent No.2 is present with counsel and has been identified by her counsel. 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. Pursuant to the settlement, remaining amount of `1.5 lac by way of demand draft bearing No.578321 dated 19.03.2018 drawn on Canara Bank has been given to the complainant in the Court today. Copy of which has been placed on record.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 27.03.2017 has been placed on record. Since the matter has been settled between the parties and the divorce by mutual consent has already been granted, 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.226/2016 under Sections 498A/406/34 IPC at PS Vijay Vihar and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

Pending application also stands disposed of.

S.P.GARG, J APRIL 26, 2018 / tr