Kartikeshan Mudaliyar & ORS v. Stat E & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2295/2016 KARTIKESHAN MUDALIYAR & ORS ..... Petitioners Through :

Mr.Vikramjit Saini, Advocate along with petitioners in person.

versus STATE & ORS ..... Respondents Through :

Mr.Kamal K.Ghei, APP with Insp.I.Singh, PS Maurya Enclave.

Mr.Gautam Kumar, Advocate for the complainant along with complainant in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 16.02.2017 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.96/2014 registered under Sections 498A/406 IPC at PS Maurya Enclave. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Principal Judge (North-West), Family Court, Rohini, Delhi vide settlement agreement dated 07.06.2014.

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. 2295/2016

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 `4 lacs by way of fixed deposit bearing account No.015413008340 dated 24.05.2016 drawn on ICICI Bank in the name of Ms.Yasashvi Mudaliyar (Minor) 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 07.06.2014 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.96/2014 registered under Sections 498A/406 IPC at PS Maurya Enclave and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

S.P.GARG, J FEBRUARY 16, 2017 / tr CRL.M.C. 2295/2016