Dr. Hitesh Dawar & ORS. v. State & ANR.

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3125/2016 DR. HITESH DAWAR & ORS.

..... Petitioners Through :

Ms.Gouri Karunam Mohanti, Advocate with Mr.Purushendra Bhardwaj, Advocates along with petitioners in person.

versus STATE & ANR.

..... Respondents Through :

Mr.Arun K.Sharma, APP.

Mr.Prashant Mendiratta, Advocate for the complainant along with complainant in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 26.09.2016 CRL.M.A.No.15073/2016 (Early hearing) 1.

For the reasons mentioned in the application, the date is preponed. 2.

The application is allowed.

3.

The date already fixed in the matter i.e. 20.01.2017 stands cancelled.

CRL.M.C. 3125/2016 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 907/2015 under Sections 406/498A/34 IPC at PS Amar Colony. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Saket Courts, New Delhi vide settlement agreement dated 07.11.2016. CRL.M.C. 3125/2016

2.

Complainant / respondent No.2 is present with her counsel and has been identified by her counsel. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question. Pursuant to the settlement, remaining amount of `5 lacs by way of demand draft bearing No.289242 dated 20.09.2016 in the name of the complainant drawn on Oriental Bank of Commerce has been given to the complainant by the petitioners in the Court today. Copy of which has been placed on record. Divorce by mutual consent has already been granted.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 07.11.2015 has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to settle in life after divorce, FIR No. 907/2015 under Sections 406/498A/34 IPC at PS Amar Colony and all the proceedings arising therefrom are quashed. 4.

The petitioners are directed to deposit ` 20,000/- as costs in the Prime Minister Relief Fund within two weeks. Registry shall ensure its compliance.

5.

The petition stands disposed of accordingly.

SEPTEMBER 26, 2016 / tr S.P.GARG, J CRL.M.C. 3125/2016