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High Court of DelhiCRL.M.C./4684/2018

Anil Matta v. State And Another

2020-09-01Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIL MATTA ..... Petitioner Through:

Mr. Pankaj Batra, Advocate with petitioner in person versus STATE AND ANOTHER ..... Respondent Through:

Dr. M.P. Singh, APP for State with respondent No.2 in person SI Pankaj Parashar, P.S. Hari Nagar

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI (VIA VIDEO CONFERENCING)

O R D E R

% 01.09.2020 CRL. M.A. 12034/2020 (Exemption) 1.

Exemption is allowed, subject to the condition that the petitioner will file the duly sworn/attested affidavit within 72 hours from the date of resumption of the regular functioning of this Court. 2.

The application stands disposed of.

CRL. M.A. 12033/2020 (Early Hearing) 1.

The present application has been filed seeking early hearing of CRL. M.C. 4684/2018.

2.

With the consent of both the parties, the application is allowed and CRL. M.C. 4684/2018 is taken up for hearing today itself. The application is disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 493/2014 registered under Sections 498A/406 IPC at P.S. Hari Nagar, Delhi on the ground that the parties have settled their disputes. 2.

Learned APP for the State, submits that although charge sheet in the present case has been filed under aforesaid sections against total 3 accused persons but the names of Vikram Pahwa and Sunny Gill have been mentioned in column No.12 and respondent No.2 is the only complainant/victim.

3.

Learned counsels for the parties submit that they have entered into a settlement out of court. An affidavit of respondent No.2, giving no objection to the quashing of the FIR, has been placed on record. In terms of the settlement, the parties have already been granted divorce by mutual consent on 01.11.2017. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioner.

4.

The petitioner, who has joined the proceedings through the V.C. link, is identified by his counsel and the Investigating Officer. Respondent No.2, who has joined the proceedings through the V.C. link, is also identified by the Investigating Officer and she states that she has entered into the settlement agreement with her own free will, volition and without any coercion. She further states that she has not demanded any money out of her own will and has no objection if the present FIR and consequent proceedings are quashed.

5.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

6.

The parties are bound by the statements made in Court today. 7.

In view of the above facts and since no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. 8.

With the above directions, the petition is disposed of. 9.

The date already fixed in the petition stands cancelled. MANOJ KUMAR OHRI, J SEPTEMBER 01, 2020 na