Yogesh & ORS v. State ( NCT ) Of Delhi & ORS

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1424/2018 YOGESH & ORS ..... Petitioners Through :

Mr.Amrit Singh, Advocate.

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

Mr.Piyush Singhal, proxy counsel with ASI H.Singh.

Mr.Yashwant Gahlot, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 08.05.2018 CRL.M.A.No. 8648/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 1424/2018 1.

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.963/2015 registered under Sections 323/354/377/498A/406/34 IPC at PS Sagar Pur. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Counselling Cell, Family Courts, Dwarka Court, New Delhi vide settlement agreement dated 18.08.2017.

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 `3 lacs by way of demand draft bearing No.845736 dated 12.04.2018 drawn on Syndicate Bank has been given to the complainant in the Court today. Copy of which has been placed on record.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 18.08.2017 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.963/2015 registered under Sections 323/354/377/498A/406/34 IPC at PS Sagar Pur and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

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