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High Court of DelhiCRL.M.C./3307/2016

Jagdish Chawla & ORS v. State (NCT Of Delhi) & ANR

2016-09-08Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3307/2016 JAGDISH CHAWLA & ORS ..... Petitioners Through :

Mr.Shamsher Singh, Advocate.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through :

Mr.Panna Lal Sharma, APP with ASI Davender, PS Dabri.

Mr.Harish K.Malhotra, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 08.09.2016 CRL.M.A.No.14061/2016 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 3307/2016 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.173/2010 under Section 498A IPC at PS Dabri. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Dwarka Courts, New Delhi vide settlement agreement dated 21.12.2015. 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 CRL.M.C. 3307/2016

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, all payments have been received by the complainant.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 21.12.2015 has been placed on record. Divorce by mutual consent has already been taken place. 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.173/2010 under Section 498A IPC at PS Dabri 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.

S.P.GARG, J SEPTEMBER 08, 2016 / tr CRL.M.C. 3307/2016