High Court of DelhiCRL.M.C./3211/2016

Abhishek Gupta & ANR v. State & ANR

2016-09-05Hon'Ble Mr. Justice S.P.Garg2 pages

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3211/2016 & Crl.M.A.13711/2016 ABHISHEK GUPTA & ANR ..... Petitioners Through :

Mr.Harshit Jain, Advocate.

versus STATE & ANR ..... Respondents Through :

Mr.Kamal Kr.Ghei, APP.

Mr.Dinesh Yadav, Advocate, for R-2 along with R-2/complainant present in person.

W/SI Vandana, PS Kirti Nagar.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 05.09.2016 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.789/14 under Sections 323/354/509/34 IPC registered at Police Station Kirti Nagar. 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 present in the court has identified her.

I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and CRL.M.C. 3211/2016

pressure. She has informed that the matter has been settled without any fear or pressure before the Mediation Centre, Tis Hazari Courts and the terms and conditions of the settlement have been complied with. She has no objection to the quashing of the FIR. (3) The petition is supported by the affidavits of the parties. Mediation Report dated 29.05.2015 signed by the parties is on record. (4) Petitioner No.1 and respondent No.2 were married on 23.01.2014.

Divorce by mutual consent has taken place. Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation and to enable them to settle in life after divorce, FIR No.789/14 under Sections 323/354/509/34 IPC registered at Police Station Kirti Nagar and all the proceedings emanating therefrom are quashed.

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

S.P.GARG, J SEPTEMBER 05, 2016 / sa CRL.M.C. 3211/2016