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High Court of DelhiCRL.M.C./4360/2016

Shyam Aggarwal & ORS. v. State & ANR.

2016-11-22Hon'Ble Mr. Justice S.P.Garg2 pages

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4360/2016 SHYAM AGGARWAL & ORS.

..... Petitioners Through :

Mr.Ravi Bassi, Advocate along with petitioners in person.

versus STATE & ANR.

..... Respondents Through :

Mr.Akshai Malik, APP with SI Sandeep, PS South Rohini.

Mr.Raman Kumar, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 22.11.2016 CRL.M.A.No.18198/2016 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 4360/2016 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.856/2015 registered under Sections 498A/406/34 IPC at PS South Rohini, Delhi. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Counseling Cell, Family Courts, North West, Rohini, Delhi vide settlement agreement dated 08.01.2016.

2.

Complainant / respondent No.2 is present with her counsel and has been identified by the Investigating Officer. I have enquired from CRL.M.C. 4360/2016

the complainant if she has settled the dispute with the petitioners 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 `7.50 lacs by way of cheque bearing No.628676 dated 22.11.2016 in the name of the complainant drawn on Indian Overseas Bank has been given to the complainant in the Court today.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 08.01.2016 has been placed on record. Cross case registered vide FIR No.417/2015 registered under Sections 323/341/34 IPC at PS South Rohini, Delhi has also been settled and the FIR therein has been quashed. 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.856/2015 registered under Sections 498A/406/34 IPC at PS South Rohini, Delhi and all the proceedings arising therefrom are quashed. 4.

The petition stands disposed of accordingly.

S.P.GARG, J.

NOVEMBER 22, 2016 / tr CRL.M.C. 4360/2016