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High Court of DelhiCRL.M.C./3546/2016

Rameshwar Dahiya & ORS v. State & ANR

2017-02-16Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3546/2016 RAMESHWAR DAHIYA & ORS ..... Petitioners Through :

Mr.Gulab Singh, Advocate along with petitioners in person.

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

Mr.Arun K.Sharma, APP with ASI Tejram, PS Najafgarh.

Mr.P.R.Chattarji, Advocate for the complainant along with complainant in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 16.02.2017 CRL.M.A.No.14980/2016 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 3546/2016 & CRL.M.A.No.14979/2016 (Stay) 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.31/2011 under Sections 323/342/506/34 IPC at PS Najafgarh. It is stated that the matter has been settled amicably with the complainant / respondent No.2 vide settlement deed dated 20.08.2015.

2.

Complainant / respondent No.2 is present with counsel and has been identified by the Investigating Officer. I have enquired from the CRL.M.C. 3546/2016

complainant if he has settled the dispute with the petitioners amicably without any fear or pressure. He has informed that all the disputes between the parties have been resolved amicably with his free consent and he has no objection to the quashing of the FIR in question. Divorce by mutual consent has already been granted in case FIR No.330/2010 registered under Sections 498A/34 IPC at PS Najafgarh. 3.

The petition is supported by affidavits of the parties. Copy of settlement deed dated 20.08.2015 has been placed on record. Cross cases vide FIR No.307/2010 registered under Section 324 IPC at PS Najafgarh and FIR No.330/2010 registered under Sections 498A/34 IPC at PS Najafgarh have also been settled and the FIRs therein have been quashed. 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.31/2011 under Sections 323/342/506/34 IPC at PS Najafgarh 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 FEBRUARY 16, 2017 / tr CRL.M.C. 3546/2016