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High Court of DelhiCRL.M.C./4390/2016

Deepak Jain & ANR. v. State & ANR.

2017-04-21Hon'Ble Mr. Justice S.P.Garg2 pages

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4390/2016 DEEPAK JAIN & ANR.

..... Petitioners Through :

Mr.Sandeep Thakur, Advocate along with petitioners present in person.

versus STATE & ANR.

..... Respondents Through :

Mr.G.M.Farooqui, APP.

Mr.Sharad Bansal, Advocate, for R-2 along with R-2/complainant present in person.

SI Amit Rana, PS Maurya Enclave.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 21.04.2017 1.

Present petition under Section 482 Cr.P.C. for quashing of FIR No.517/2016 under Sections 376/511/377 IPC registered at PS Maurya Enclave. It is stated that the matter has been settled amicably and the petitioner No.1 and Respondent No.2 are living together happily in the matrimonial home since 23.10.2016. 2.

Respondent No.2/ Complainant is present before the Court with her counsel and is identified by the Investigating Officer. I have enquired from her whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that all the disputes between the parties have been resolved vide settlement deed dated 23.10.2016. It is further informed that she is living with petitioner No.1 in the matrimonial home since 23.10.2016 and she has CRL.M.C. 4390/2016

no objection to the quashing of the FIR in question. 3.

Petitioner No.1 and respondent No.2 were married to each other on 2.2.2004. Two children were born to them out of this wedlock. On 6.10.2016, respondent No.2 left the matrimonial home due to some matrimonial dispute. All the disputes have since been settled between the parties vide settlement deed dated 23.10.2016. Pursuant to the settlement, respondent No.2 has started residing at the matrimonial home with petitioner No.1. Order dated 24.10.2016 in Bail Appl.No.1285/2016 reflects that the matter has been settled between the parties. The complainant had no objection to the grant of bail.

4.

The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 23.10.2016 signed by the parties is on record.

5.

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 under Sections 376/511/377 IPC. In the interest of justice and to enable the parties to maintain their family relations, FIR No.517/2016 under Sections 376/511/377 IPC registered at PS Maurya Enclave and all the proceedings arising therefrom are quashed. 6.

The petition is disposed of accordingly.

S.P.GARG, J.

APRIL 21, 2017 / sa CRL.M.C. 4390/2016