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High Court of DelhiCRL.M.C./3138/2016

Kapil Gupta & ORS v. State & ANR

2017-01-19Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3138/2016 KAPIL GUPTA & ORS ..... Petitioners Through :

Mr.Krishan Kumar with Ms.Sunita Arora, Advocates along with petitioners present in person.

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

Mr.Kamal Kr.Ghei, APP.

Mr.Vijay Joshi, Advocate, for R-2 along with R-2/complainant present in person.

ASI Ajay Pal, PS Shakarpur.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 19.01.2017 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.884/2013 under Sections 498-A/406/34 IPC registered at Police Station Shakarpur. It is stated that the matter has been settled with the complainant/victim amicably before Delhi Mediation Centre, Karkardooma Courts, Delhi. (2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer present in the court has identified her. I have enquired from the complainant whether the CRL.M.C. 3138/2016

matter has been settled with the petitioners 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.

It is informed that pursuant to the settlement demand draft bearing No.218549 dated 12.01.2017 for the sum of `2,00,000/-, drawn on The Vaish Co-operative Bank has been handed over to the complainant today in the court. Divorce by mutual consent has been granted.

(3) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 10.12.2015 signed by the parties before Mediation Centre, Karkardooma Courts is on record. (4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, 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.884/2013 under Sections 498-A/406/34 IPC registered at Police Station Shakarpur and all the proceedings emanating therefrom are quashed.

(5) The petition is disposed of accordingly.

S.P.GARG, J.

JANUARY 19, 2017/sa CRL.M.C. 3138/2016