High Court of DelhiCRL.M.C./2950/2016

Satish Sharma v. State (NCT Of Delhi) & ANR

2016-09-15Hon'Ble Mr. Justice S.P.Garg2 pages

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2950/2016 SATISH SHARMA ..... Petitioner Through :

Ms.Anjali Dhawan, Advocate.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through :

Mr.Arun Kr.Sharma, APP.

Ms.Shikha Tyagi, Advocate for R-2 along with respondent No.2/complainant present in person.

SI Umesh Yadav, PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 15.09.2016 (1) Case received on transfer.

(2) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.450/2015 under Sections 498A/406/34 IPC registered at Police Station Uttam Nagar. It is stated that the matter has been settled with the complainant/respondent No.2 amicably before the Court of learned Metropolitan Magistrate on 15.10.2015. Divorce by mutual consent has been granted.

(3) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled CRL.M.C. 2950/2016

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. Pursuant to the settlement, remaining amount of `6,00,000/- has been paid to the complainant today in court by way of demand draft bearing No.641788 dated 11.08.2016 drawn on State Bank of Bikaner and Jaipur.

(4) The petition is supported by the affidavits of the parties. Settlement/Compromise as indicated in the order dated 15.10.2015 in Case No.189/1/14 is on record.

(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 and to enable the parties to settle in life after divorce, FIR No.450/2015 under Sections 498A/406/34 IPC registered at Police Station Uttam Nagar 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 is disposed of accordingly.

S.P.GARG, J.

SEPTEMBER 15, 2016 /sa CRL.M.C. 2950/2016