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High Court of DelhiW.P.(CRL)/56/2017

Rajiv Saxena & ORS. v. State & ANR.

2017-01-31Hon'Ble Mr. Justice A.K. Pathak2 pages

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 56/2017 RAJIV SAXENA & ORS.

..... Petitioners Through Mr. M S Saini, Advocate versus STATE & ANR.

..... RespondentS Through Mr R S Kundu, ASC with Mr. Ankit K Gulia, Advocate with IO SI Veena PS Swaroop Nagar Ms. Vandana, Respondent no.2 in person with Mr. Sanjeev Kumar, Advocate

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 31.01.2017 This petition seeks quashing of FIR No.531/2014 u/s 498A/406/506/34 IPC registered at PS Swaroop Nagar in view of decree of divorce by mutual consent dated 19th March, 2016. Pursuant to the settlement dated 10th August, 2015, divorce with mutual consent was granted. Copy of Memorandum of Understanding / Settlement Deed dated 10th August, 2015 has been furnished by the learned counsel for the petitioner; same is taken on record.

Respondent No.2 Ms. Vandana is present in the court today. She has been identified by the IO and photocopy of her I Card, counter signed by the IO, is taken on record.

Ms. Vandana has been paid all the money in view of settlement arrived at between the parties and also apropos the aforesaid decree of divorce.

Mr. Sanjeev Kumar, learned counsel for respondent no.2 states that no further money is required to be paid to her and she has no objection to quashing of the aforesaid FIR.

The learned counsel for the State, upon instructons, states that in view of the settlement between the parties and the statement of their respective counsel, he too has no objection to FIR being quashed.

In these circumstances, FIR No.531/2014 u/s 498A/406/506/34 IPC registered at PS Swaroop Nagar and all proceedings emanating therefrom are hereby quashed. The petition is disposed off in terms of settlement dated 10th August, 2015.

NAJMI WAZIRI, J JANUARY 31, 2017 SM