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High Court of DelhiW.P.(CRL)/3318/2016

Krishan Chander Dahiya @ Krishan Chand & ANR v. State & ANR

2016-11-18Hon'Ble Mr. Justice S.P.Garg2 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3318/2016 & Crl.M.A.17960/2016 KRISHAN CHANDER DAHIYA @ KRISHAN CHAND & ANR ..... Petitioners Through :

Mr.Raj Kumar, Advocate along with petitioners present in person.

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

Ms.Kamna Vohra, ASC.

Mr.Manu Dhaka, Advocate, for R-2 along with complainant/R-2 present in person.

ASI Jaiveer Singh, PS K.Khas.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 18.11.2016 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.449/16 under Sections 354/354(C)/323/342/34 IPC registered at Police Station Khajuri Khas. It is stated that the matter has been settled amicably and the petitioner No.1 and Respondent No.2 are living together in the matrimonial home.

(2) Respondent No.2-complainant is present before the Court along W.P.(CRL) 3318/2016

with her counsel. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she is living in the matrimonial home.

(3) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 07.06.2016 signed by the parties is on record.

(4) Since the matter has been settled between the parties and the complainant is residing with petitioner No.1 in the matrimonial home, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to maintain their matrimonial relations, FIR No.449/16 under Sections 354/354(C)/323/342/34 IPC registered at Police Station Khajuri Khas and all the proceedings emanating therefrom are quashed. (5) The petitioners are, however, burdened with costs of `20,000/- to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (6) The petition and all pending application(s) stand disposed of accordingly.

S.P.GARG, J.

NOVEMBER 18, 2016/sa W.P.(CRL) 3318/2016