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High Court of DelhiCRL.M.C./2539/2016

Sachin Sehgal & ANR v. State Of NCT & ANR

2016-07-22Hon'Ble Ms. Justice Mukta Gupta2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2539/2016 SACHIN SEHGAL & ANR ..... Petitioner Through Mr. Vipin Kumar, Ms. Kirti Singh, Advs.

versus STATE OF NCT & ANR ..... Respondent Through Ms. Rajni Gupta, APP with ASI Ram Roop PS Subhash Palace.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.07.2016 Crl.M.A. 10905/2016 Exemption allowed subject to just exceptions. CRL.M.C. 2539/2016 & Crl.M.A. 10904/2016 (stay) This is a petition for quashing of FIR No. 448/2010 under Sections 498A/406/34 IPC registered at PS Saraswati Vihar, New Delhi on the complaint of Respondent No.2.

The complainant/Respondent No. 2 Shelly Sehgal is present in person and is identified by the Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have entered into a Compromise. In terms of the settlement, marriage between the Petitioner No. 1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent. She had already received a sum of ` 4,50,000/- and the balance amount of `2,10,000/- have been received by her today vide demand CRL.M.C. 2539/2016

draft No.'00514' dated 19th July, 2016 drawn on Axis Bank which satisfies all her claims of maintenance, istridhan and alimony etc. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 448/2010 under Sections 498A/406/34 IPC registered at PS Saraswati Vihar, New Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition and application are disposed of. Order dasti. MUKTA GUPTA, J.

JULY 22, 2016 'ga'

CRL.M.C. 2539/2016