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High Court of DelhiCRL.M.C./1110/2015

Anand Sriram Krishnan v. State Govt Of NCT Delhi

2016-07-28Hon'Ble Mr. Justice S.P.Garg2 pages

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1110/2015 & CRL.M.A.No.4127/15 ANAND SRIRAM KRISHNAN ..... Petitioner Through :

Mr.N.Hariharan Sr.Advocate with Mr.Nitin Soni, Mr.Amartya Kanjilal & Mr.Ambar Tewari, Advocates.

versus STATE GOVT OF NCT DELHI ..... Respondent Through :

Mr.Amit Gupta, APP with ASI Shyam Lal, PS Malviya Nagar.

Mr.D.Vinod, Advocate with Mr.Trideep, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 28.07.2016 1.

Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for setting aside orders dated 03.09.2013 and 26.11.2013 by which the petitioner was declared as 'absconder'. 2.

Vide order dated 20.03.2015, operation of the impugned orders was stayed till the next date of hearing to facilitate amicable resolution of the matrimonial dispute which was the subject matter of the FIR. The matter was subsequently referred to Delhi High Court Mediation & Conciliation Centre. Both the parties inform that all the disputes between the parties have been settled and pursuant to that divorce by mutual consent has been granted. Copy of the settlement deed dated 23.09.2015 arrived at before the Delhi High Court CRL.M.C. 1110/2015

Mediation & Conciliation Centre (pages 209 to 217) is on record. Learned counsel for the respondent No.2 has no objection to the quashing of the proceedings in question.

3.

Learned Senior Counsel for the petitioner urged that even on merits the impugned orders require to be set aside as the petitioner was never served personally with the process. 4.

Without delving into any controversy, since all the disputes between the parties have been settled and the proceedings are being initiated for quashing of the FIR in question, no useful purpose will be served to continue with the instant proceedings. Nothing is on record to show if any FIR under Section 174 A IPC has since been registered by the concerned police.

5.

In the light of the above discussion, proceedings vide order dated 26.11.2013 whereby the petitioner was declared as 'absconder' are set aside.

6.

The petitioner is burdened with costs `50,000/- to be deposited in the Prime Minister Relief Fund within two weeks. Registry shall ensure its compliance.

7.

The petition stands disposed of accordingly.

Pending application also stands disposed of.

S.P.GARG, J.

JULY 28, 2016 / tr CRL.M.C. 1110/2015