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High Court of DelhiCRL.M.C./1149/2017

Birender Kumar & ORS v. State & ANR

2017-03-21Hon'Ble Mr. Justice S.P.Garg2 pages

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1149/2017 & Crl.M.A.4742/2017 BIRENDER KUMAR & ORS ..... Petitioners Through :

Ms.Jyoti Gupta, Advocate along with petitioners present in person.

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

Mr.Kamal Kr.Ghei, APP.

Complainant present in person.

SI Sushil, PS Defence Colony.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 21.03.2017 Crl.M.A.No.4742/2017 (Exemption) 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.C. 1149/2017 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.529/2004 under Sections 498-A/406/34 IPC registered at Police Station Defence Colony. It is stated that the matter has been settled with the complainant/victim amicably before Mediation Centre, Saket Courts. (2) Respondent No.2-complainant is present before the Court and CRL.M.C. 1149/2017

is identified by the Investigating Officer present in the court. 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 any fear or pressure and she has no objection to the quashing of the FIR. It is informed that pursuant to the settlement demand draft bearing No.607300 dated 23.02.2017 for the sum of `2,32,000/- drawn on Canara Bank has been handed over to the complainant today in the court. Divorce by mutual consent has been granted.

(3) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 23.09.2015 signed by the parties before Mediation Centre, Saket Courts is on record. (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.529/2004 under Sections 498-A/406/34 IPC registered at Police Station Defence Colony and all the proceedings emanating therefrom are quashed.

(5) The petition and all pending application(s) stand disposed of accordingly.

S.P.GARG, J.

MARCH 21, 2017/sa CRL.M.C. 1149/2017