Pankaj @ Lakhan & ANR v. State & ANR

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1395/2018 PANKAJ @ LAKHAN & ANR ..... Petitioners Through :

Mr.Vaseem Mian, Advocate.

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

Mr.Shashank, proxy counsel for State.

Mr.Vivek Sharma, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 07.05.2018 CRL.M.A.No. 8474/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 1395/2018 1.

It is informed that Saroj Devi - mother-in-law of the complainant is not impleaded as a party in the present writ petition. 2.

At oral request, Saroj Devi - mother-in-law of the complainant is impleaded as a party.

3.

Amended memo of parties shall be filed during the course of the day.

4.

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.220/2016 registered under Sections 498A/406/34 IPC at PS Subzi Mandi. It is stated that the matter has been settled amicably

with the complainant / respondent No.2 before the Mediation Centre, Tis Hazari Courts, Delhi vide settlement agreement dated 04.02.2017. 5.

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. Divorce by mutual consent has already been granted. Pursuant to the settlement, remaining amount of `1.75 lac by way of demand draft bearing No.673588 dated 20.03.2018 drawn on Bank of Baroda has been given to the complainant in the Court today. Copy of which has been placed on record.

6.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 04.02.2017 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.220/2016 registered under Sections 498A/406/34 IPC at PS Subzi Mandi and all the proceedings arising therefrom are quashed.

7.

The petition stands disposed of accordingly.

S.P.GARG, J MAY 07, 2018 / tr