High Court of DelhiCRL.M.C./2907/2016

Sanjeev Nanda v. State & ANR.

2016-08-11Hon'Ble Mr. Justice S.P.Garg2 pages

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2907/2016 & Crl.M.A.12486/2016 SANJEEV NANDA ..... Petitioner Through :

Ms.Geeta Gautam, Advocate along with petitioner present in person.

versus STATE & ANR.

..... Respondents Through :

Mr.Panna Lal Sharma, APP.

Mr.Kartar Singh, Advocate, for R-2 along with respondent present in person.

SI Ghashi Ram, PS Bindapur.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 11.08.2016 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.197/13 under Sections 354(D) IPC registered at Police Station Bindapur. It is stated that the matter has been settled with the complainant/respondent No.2 amicably.

(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer has identified her. I have CRL.M.C. 2907/2016

enquired from the complainant whether the matter has been settled with the petitioner 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. (3) The petition is supported by the affidavits of the parties. (4) Respondent No.2 is the petitioner's wife. Divorce by mutual consent has already taken place between the two. The daughters are in the petitioner's custody. In 164 Cr.P.C. statement also, respondent No.2 did not ask for any action on her complaint. (5) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.197/13 under Sections 354(D) IPC registered at Police Station Bindapur and all the proceedings emanating therefrom are quashed.

(6) The petitioner is, however, burdened with costs of `20,000/- to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (7) The petition and all pending application(s) stand disposed of accordingly.

S.P.GARG, J.

AUGUST 11, 2016/sa CRL.M.C. 2907/2016