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High Court of DelhiCRL.M.C./4189/2016

Dr. Parneet Singh Brar v. Govt Of NCT Of Delhi & ORS.

2016-12-21Hon'Ble Mr. Justice I.S.Mehta3 pages

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4189/2016 & CRL.M.A.17449/2016 DR. PARNEET SINGH BRAR ..... Petitioner Through:

Mr.Sanjeev Manrai, Sr. Adv. with Mr.N.M.Popli and Mr.Anter Singh Brar, Advs.

versus GOVT OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Ajay Kumar, Police Station-S.J.Enclave, New Delhi.

Mr.Jubair Ahmad Khan, Adv. for R4.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 21.12.2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.241/2015, under Sections 420/406/409/467/468/471/474/477A IPC, registered at Police Station-Safdarjung Enclave, Delhi and all proceedings emanating therefrom.

Counsel for the petitioner has submitted that the petitioner and the complainant/respondent No.4 are in medical profession and their marriage was solemnized on 19th October, 2008 at Chandigarh. He has further submitted that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends,

they have amicably settled all their disputes and differences and the first motion has already been taken place before the Additional & Sessions Judge, Mohali and the second motion is likely to be taken on 23rd December, 2016. He has further submitted that the instant dispute pertains to the jurisdiction of Delhi and the matter has already been resolved between the parties vide settlement/compromise dated 6th May, 2016. Learned counsel for the petitioners further submits that the petitioner has already handed over a demand draft No. 966131 dated 24th October, 2016 for a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) drawn on Punjab National Bank to the complainant. He further submits that nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners.

He further submits that the petitioners and the respondent No.4 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.4/complainant is present in Court today and has been identified by her counsel and the Investigating Officer, SI Ajay Kumar, P.S. Safdarjung Enclave, New Delhi. The complainant also admits that the matter has been amicably settled with petitioner vide settlement/compromise dated 6th May, 2016. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that she has no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties, to meet the ends of justice, FIR No.241/2015, under Sections

420/406/409/467/468/471/474/477A IPC, registered at Police StationSafdarjung Enclave, Delhi and all proceedings arising of the same are hereby quashed.

Parties are directed to remain bound by settlement/compromise dated 6th May, 2016.

The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti.

I.S.MEHTA, J DECEMBER 21, 2016/radhika