Arun Kumar & ANR v. State & ANR

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARUN KUMAR & ANR ..... Petitioners Through :

Ms.Chandrani Prasad, Advocate with Mr.Virender Tarun & Mr.Chirag Mahalwal, Advocates along with petitioners in person.

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

Mr.Amit Gupta, APP.

Mr.K.S.Sharma, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 25.04.2017 CRL.M.A.No.6726/2017 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 1656/2017 & CRL.M.A.No.6725/2017 (Stay) 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.43/2014 registered under Sections 324/34 IPC at PS Vssant Kunj South. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Counselling Cell, Principal Judge, Family Courts, Saket Courts, Delhi vide settlement agreement dated 08.09.2016.

2.

Complainant / respondent No.2 is present with 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. Divorce by mutual consent has already been granted. Pursuant to the settlement, remaining amount of `7 lacs [`1 lac (in cash) and `6 lacs by way of demand draft bearing No.177343 dated 19.04.2017 drawn on Canara Bank in the name of the complainant] have been given to the complainant in the Court today.

Statement to that effect has been recorded separately.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 08.09.2016 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.43/2014 registered under Sections 324/34 IPC at PS Vssant Kunj South and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

Pending application also stands disposed of.

S.P.GARG, J APRIL 25, 2017 / tr

Statement of Respondent No.2 - Deepo Devi @ Deepa Lohia, W/o Sh.Arun Kuamr, presently residing at Village Sakipur, Near Surajpur, Gautam Budh Nagar, Noida, Uttar Pradesh. On S.A.

I have settled the disputes with the petitioners amicably before the Counselling Cell, Principal Judge, Family Courts, Saket Courts, Delhi. Pursuant to the settlement, I have received remaining amount of `7 lacs [`1 lac (in cash) and `6 lacs by way of demand draft bearing No.177343 dated 19.04.2017 drawn on Canara Bank in the name of the complainant] today in the Court. I have no objection to the quashing of the FIR No.43/2014 registered under Sections 324/34 IPC at PS Vssant Kunj South and all the proceedings emanating therefrom.

R.O. & A.C.

25.04.2017 S.P.GARG (JUDGE)