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High Court of DelhiCRL.M.C./3620/2016

Hari Om Singh v. Govt. Of NCT Of Delhi & ANR.

2016-09-28Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3620/2016 HARI OM SINGH ..... Petitioner Through Mr. Arun Nishchal, Advocate versus GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through Mr. Izhar Ahmad, APP for the State with Sub Inspector Virender, P. S.

Vijay Vihar Mr. Sachin Sharma, Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 28.09.2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.252/2012, under Section 498A IPC, registered at Police Station Vijay Vihar. It is stated that the matter has been settled amicably between the parties.

Learned counsel for the petitioner submits that the petitioner and respondent No.2 were husband and wife and the marriage between the parties was dissolved by a divorce decree dated 05.06.2014 in HMA No. 572/2014. He further submits that as per the settlement arrived at between the parties an amount of Rs.7,05,000/- was to be paid by the petitioner to respondent No.2 in three instalments out of which Rs.5,00,000/- has already been paid to respondent No.2/complainant at the stage of first motion and second motion.

Learned counsel for the petitioner also submits that the remaining amount of Rs.2,05,000/- has already been paid to the respondent No.2 outside of the court today.

Respondent No.2/Smt. Rani who is present before the court with her counsel accepts that she has received an amount of Rs.2,05,000/- outside the court today and is been identified by the Investigating Officer, Sub Inspector Virender Sindhu. I have enquired from respondent No. 2 whether the matter has been settled with the petitioners amicably without fear and pressure. She has stated that the matter has been settled without any fear or pressure. Since the matter has been settled between the parties and the divorce by mutual consent has already been granted vide decree dated 05.06.2014.

In view of the aforesaid, no useful purpose will be served to continue with the proceedings under Section 498A IPC. In the interest of justice and to enable the parties to settle in life after divorce, FIR No. 252/2012, under Section 498A IPC, registered at Police Station Vijay Vihar and all the proceedings arising therefrom are quashed. The present petition is accordingly disposed of. I.S.MEHTA, J SEPTEMBER 28, 2016/b