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High Court of DelhiCRL.M.C./1528/2016

Sudhir Kumar & ANR v. The State ( NCT Of Delhi) & ANR

2016-09-14Hon'Ble Mr. Justice S.P.Garg2 pages

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1528/2016 SUDHIR KUMAR & ANR ..... Petitioners Through :

Mr.Dayanand Sharma, Advocate.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through :

Mr.M.S.Oberoi, APP.

Dr.L.S.Chaudhary with Mr.Ajay Chaudhary, Advocates, for R-2 along with complainant present in person.

SI Arvind Kumar, PS East Delhi

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 14.09.2016 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.321/2004 under Sections 498-A/406/34 IPC registered at Police Station East Delhi. It is stated that the matter has been settled with the complainant/respondent No.2 amicably. Divorce by mutual consent has been granted on 21.01.2016. (2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer present in the court has identified her.

I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that the matter has been settled without CRL.M.C. 1528/2016

any fear or pressure and she has no objection to the quashing of the FIR.

Pursuant to the settlement demand draft bearing No.000990 dated 09.09.2016 for the sum of `1,00,000/- has been given to the complainant today in court.

(3) The petition is supported by the affidavits of the parties. (4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, 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.321/2004 under Sections 498-A/406/34 IPC registered at Police Station East Delhi and all the proceedings emanating therefrom are quashed.

(5) The petitioners are, however, burdened with costs of `20,000/- to be deposited with Prime Minister National Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (6) The petition is disposed of accordingly.

S.P.GARG, J.

SEPTEMBER 14, 2016 / sa CRL.M.C. 1528/2016