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High Court of DelhiCRL.M.C./1194/2017

Shashank Sharma & ORS. v. State & ANR.

2017-03-22Hon'Ble Mr. Justice S.P.Garg2 pages

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1194/2017 SHASHANK SHARMA & ORS.

..... Petitioners Through :

Mr.Vipul Srivastava, Advocate along with petitioners in person.

versus STATE & ANR.

..... Respondents Through :

Mr.Kamal K.Ghei, APP with SI Suresh Chand, PS Rajouri Garden.

Mr.Yogesh, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 22.03.2017 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.174/2013 registered under Sections 498A/406/34 IPC at PS Rajouri Garden. 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 04.05.2016.

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 CRL.M.C. 1194/2017

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 `7.5 lacs (`5 lacs by way of demand draft bearing No.656702 dated 17.03.2017 drawn on Oriental Bank of Commerce and `2.5 lacs by way of FDR bearing No.39553054 dated 17.03.2017 drawn on Oriental Bank of Commerce) has been given to the complainant in the Court today; copies of which have been placed on record.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 04.05.2016 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.174/2013 registered under Sections 498A/406/34 IPC at PS Rajouri Garden and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

S.P.GARG, J MARCH 22, 2017 / tr CRL.M.C. 1194/2017