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High Court of DelhiCRL.M.C./3521/2016

Kamal Raikwar v. The State (NCT) Of Delhi & ORS.

2016-09-23Hon'Ble Mr. Justice S.P.Garg2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3521/2016 KAMAL RAIKWAR ..... Petitioner Through :

Mr.Sanjeev Kumar, Advocate along with petitioner in person.

versus THE STATE (NCT) OF DELHI & ORS.

..... Respondents Through :

Mr.Kamal K.Ghei, APP with SI J.B.Ram, PS Kirti Nagar.

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

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 23.09.2016 CRL.M.A.No.14888/2016 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 3521/2016 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.290/2013 under Sections 498A/406/34 IPC at PS Kirti Nagar. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Tis Hazari Courts, Delhi vide settlement agreement dated 04.01.2014. CRL.M.C. 3521/2016

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 petitioner 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, remaining amount of `55,000/- (in cash) has been given to the complainant by the petitioner in the Court today. Divorce by mutual consent has already been granted. 3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 04.01.2014 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 put an end to the litigation, FIR No.290/2013 under Sections 498A/406/34 IPC at PS Kirti Nagar and all the proceedings arising therefrom are quashed. 4.

The petitioner is directed to deposit ` 10,000/- 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 23, 2016 / tr CRL.M.C. 3521/2016