← Library
High Court of DelhiCRL.M.C./3553/2016

Gaurav Nirwani & ORS v. State & ANR

2016-09-26Hon'Ble Mr. Justice I.S.Mehta2 pages

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3553/2016 GAURAV NIRWANI & ORS ..... Petitioners Through:

Mr. Sujeen Gupta, Advocate.

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

Mr. Izhar Ahmad, APP for State, SI R.P. Singh P.S. Dwarka South, Mr.

Satyendra Kumar, Ms. Sunita Bhardwaj, Counsel for Respondent No.2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 26.09.2016 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.498/2015, under Sections 498-A/406/34 IPC registered at PS Dwarka South, Delhi and all the proceedings arising therefrom. 2.

It is stated that the matter has been settled amicably with the complainant / respondent No.2. Complainant / respondent No.2 is present with her counsel and has been identified by the Investigating Officer. 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. All the five Petitioners are also present with their counsel.

Respondent No.2/ Complainant, Ms. Yogana Garg, present in Court submits that she has received Bank Demand Drafts bearing No.s 252053/12.07.2016, 72028/12.08.2016, 572655/29.07.2016 and 262055/19.07.2016 of amount Rs. One Lakh each and the matter has been settled amicably between the parties before the Mediation Centre, Dwarka Courts, New Delhi. Counsel for the petitioners submits that the matter has been amicably settled between the parties and that the divorce has already been granted. First Motion was allowed on 17.11.2015 and the second motion was allowed on 30.05.2016, thereby dissolving the marriage of the parties. They submit that nothing survives between the parties and that the present F.I.R may be quashed.

In view of the aforesaid, since the matter in 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 put an end to the litigation, FIR No.498/2015, under Sections 498-A/406/34 IPC registered at PS Dwarka South, Delhi and all the proceedings arising therefrom are quashed.

I.S.MEHTA, J SEPTEMBER 26, 2016 'dc'