Sunil Kumar v. State ( Govt Of NCT Of Delhi) & ANR

il $-38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1461/2015 SUNIL KUMAR Petitioner Through Mr.Ranjeet Ranjan, Adv. along with petitioner in person.

'^V* versus STATE ( GOVT OF NCT OF DELIll) & ANR .....Respondents Through Ms.Jasbir Kaur, APP for the State.

Mr.Shyam Sunder, Adv. for R-2 along with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

ORDER

% 15.04.2015 CrI.M.A. No. 5363/2015 Exemption allowed, subject to all just exceptions. The application is disposed of Crl.M.C. 1461/2015 Petitioner and respondent No.2 are present in Court who have been identified by their respective counsel.

This is a petition filed by the petitioners under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 11/20 13 under Sections 498-A1406/34 IPC, Police Station Punjabi Bagh, Delhi and the By:AMULYA

proceedings arising therefrom. The aforesaid FIR is registered on the basis of complaint lodged by the complainant! respondent No. 2, wife of petitioner herein.

The facts of the case are that marriage between the petitioner and respondent No. 2 was solemnized on 4th December, 2003 according to Hindu rites and ceremonies. They are living separately since 14th February, 2011. As the disputes arose between them, respondent No. 2 lodged the aforesaid FIR against the petitioners.

It is stated that during the pendency of these proceedings, the parties have settled their disputes in terms of Memorandum of Understanding! Settlement Deed dated 8th October, 2013. Petitioner and respondent are present before Court and they have confirmed the settlement. As per the settlement, the petitioner and respondent are residing together since 8th October, 2013. Copy of the same is placed on record which is duly signed by the parties.

The complainant/respondent No. 2, who is present in the court, affirms that the matter has been settled with her own consent and now she is residing happily with her husband. She further states that she has now no grievance left against the petitioner and she wishes to withdraw the complaint filed by her against the petitioner. Counsel for the State has no objection to the same.

Parties shall be bound by the terms and conditions of the Memorandum of Understanding/Settlement Deed dated 8th October, 2013. In view of the averments made in the petition and as they are living together peacefully, I am of the opinion that no useful purpose would be served in continuing the proceedings arising out of the above said FIR.

Accordingly, the proceedings arisen from the FIR No. 11/20 13 under Sections 498-A/406/34 IPC, Police Station Punjabi Bagh, Delhi, are hereby quashed.

The petition stands disposed of. Dasti.

MANMOHAN SINGH, 3.

APRIL 15, 2015/jk