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High Court of DelhiCRL.M.C./3817/2016

Satinderpal Singh v. State Govt. Of NCT Of Delhi & ANR.

2017-03-15Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3817/2016 SATINDERPAL SINGH ..... Petitioner Through :

Mr.Surinder Singh, Advocate along with petitioner in person.

versus STATE GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through :

Ms.Anita Abraham, APP with SI Amit, PS Hari Nagar.

Ms.Jasleen Kaur, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 15.03.2017 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.177/2009 registered under Sections 498A/406/34 IPC at PS Hari Nagar. It is stated that the matter has been settled amicably with the complainant / respondent No.2 vide MOU dated 05.12.2015.

Learned counsel for the petitioner informs that other family members of the petitioner have been discharged by an order dated 07.10.2011. Only the petitioner is facing trial punishable under Section 498A IPC.

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. 3817/2016

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. Divorce by mutual consent has already been granted. Pursuant to the settlement, remaining amount of `5 lacs by way of demand draft bearing No.012762 dated 09.03.2017 drawn on IDBI Bank has been given to the complainant in the Court today; copy of which has been placed on record.

3.

Trial Court record has been perused.

Charge under Section 498A IPC has been framed against the petitioner only by an order dated 14.02.2013.

Statement of the complainant has been recorded partly. No further witness has been examined. 4.

The petition is supported by affidavits of the parties. Copy of MOU dated 05.12.2015 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 settle in life after divorce, FIR No.177/2009 registered under Sections 498A/406/34 IPC at PS Hari Nagar and all the proceedings arising therefrom are quashed. 5.

The petition stands disposed of accordingly.

S.P.GARG, J.

MARCH 15, 2017 / tr CRL.M.C. 3817/2016