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High Court of DelhiCRL.M.C./1590/2015

Veena Gupta v. Govt Of NCT Of Delhi & ANR

2015-04-21Hon'Ble Mr. Justice Manmohan Singh3 pages

$-46 & 47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1590/2015 VEENA GUPTA Petitioner Through Mr.Deepak Sahni, Adv. along with petitioner in person.

versus GOVT OF NCT OF DELHI & ANR .....Respondents Through Mr.M.P.Singh, APP for the State.

Mr.Alok Kr. Pandey, Adv. for R-2 along with respondent No.2 in person.

+ CRL.M.C. 1591/2015 VIVEK GUPTA & ORS ......Petitioners Through Mr.Deepak Sahni, Adv. along with petitioners in person.

GOVT OF NCT OF DELHI & ANR .....Respondents Through Mr.M.P.Singh, APP for the State.

Mr.Alok Kr. Pandey, Adv. for R-2 along with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

ORDER

% 21.04.2015 Crl.M.A. No. 5820/2015 in Crl.M.C. No.1590/2015 Crl.M.A. No. 5821/2015 in Crl.M.C. No.1591/2015 Exemption allowed, subject to all just exceptions. The application is disposed of.

By:AMULYA

y Crl.M.C. No.1590/2015 & CrI.M.C. No.1591/2015 Petitioners and respondent No.2 are present in Court who have been identified by their respective counsel.

The above mentioned two petitions, being Crl.M.C. No.1590/2015 filed by the petitioner Veena Gupta, and being Crl.M.C. No.1591 filed by the petitioners namely Vivek Gupta, Veena Gupta, Pooja Aggarwal and Ashish Aggarwal, under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.24/2008 under Section 380 IPC and FIR No.125/2008 under Sections 498-A/406 IPC, Police Station Mukherjee Nagar, Delhi, and the proceedings arising therefrom respectively. The aforesaid FIRs are registered on the basis of complaint lodged by the complainant/ respondent No. 2, wife of Vivek Gupta herein. The facts of the case are that marriage between the petitioner No.1 Vivek Gupta and respondent No. 2 was solemnized on 22 February, 2004 according to Hindu rites and ceremonies. They are living separately since 14th May, 2007.

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 before the Delhi Mediation Centre on 6th August, 2014 which was recorded in CS No.277/li. The terms and conditions of the settlement are mentioned in the Settlement Agreement dated 6tkl August, 2014. Copy of the same is placed on record. Parties shall be bound by the terms and conditions of the same.

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

has no grievance left against the petitioners and she wishes to withdraw the complaints filed by her against the petitioners. Counsel for the State has no objection to the same.

As per settlement, the petitioner No.1 Vivek Gupta has paid remaining amount of Rs.1O,00,000I- by way of Demand Draft bearing No.138646, dated 20th April, 2015 drawn on Union Bank, to the respondent In view of the averments made in the petition, 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.24/2008 under Section 380 IPC and FIR No.125/2008 under Sections 498-A/406 IPC, Police Station Mukherjee Nagar, Delhi, are hereby quashed. The petitions stand disposed of. Dasti.

APRIL 21, 2015/jk