Nitish Bharwaj & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1423/2018 NITISH BHARWAJ & ORS ..... Petitioners Through:

Mr. Lalit Kumar, Advocate with all the petitioners. versus THE STATE & ANR ..... Respondents Through:

Mr.Avi Singh, ASC with SI Praveen Kumar.

Mr. Abhishek Bhardwaj and Mr. Anmol Singh, Advocates for complainant along with complainant in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 08.05.2018 Crl.M.A.No.8641/2018 (Exemption) 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 1423/2018 1.

Present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.403/2016 registered under Sections 406/498A/34 IPC at PS Mandawali Fazalpur, Delhi. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Karkardooma Courts, Delhi vide settlement agreement dated 11.12.2017.

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 granted. Pursuant to the settlement, remaining amount of `2.84 lacs by way of demand draft bearing No.010545 dated 04.05.2018 drawn on HDFC Bank in the name of the complainant has been given to the complainant in the Court today.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 11.12.2017 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.403/2016 registered under Sections 406/498A/34 IPC at PS Mandawali Fazalpur, Delhi, Delhi and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

S.P.GARG, J MAY 08, 2018 / rd