High Court of DelhiCRL.M.C./4386/2016

Rajesh Vinayak Borhade v. State (NCT ) & ANR.

2016-12-14Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4386/2016 & Crl.M.A.Nos.18282/2016 RAJESH VINAYAK BORHADE ..... Petitioner Through :

Mr.Abhinav Bajaj, Advocate along with petitioner present in person.

versus STATE (NCT ) & ANR.

..... Respondents Through :

Ms.Meenakshi Dahiya, APP.

Mr.Abhinav Sharma with Mr.Santosh Kumar, Advocates for the complainant along with complainant present in person.

Insp.Satish Kumar, PS EOW.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 14.12.2016 (1) The matter is taken up today as 12th December, 2016 was declared holiday on account of 'Milad-Un-Nabi'. (2) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.198/2013 under Sections 66 of Information Technology Act registered at Police Station EOW. It is stated that the matter has been settled with the complainant/respondent No.2 amicably before Delhi Mediation Centre, Patiala House Court, New Delhi, (3) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled CRL.M.C. 4386/2016

with the petitioner amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR. Pursuant to the settlement, remaining amount of `15,00,000/- has been paid to the complainant today in court by way of demand draft bearing No.007495 dated 17.11.2016 of ICICI.

Divorce by mutual consent has been granted.

(4) The petition is supported by the affidavits of the parties. Order dated 15.07.2016 of Delhi Mediation Centre, Patiala House Court, New Delhi, recording settlement between the parties is on record. (5) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation and to enable the parties to settle in life after divorce, FIR No.198/2013 under Sections of Information Technology Act registered at Police Station EOW and all the proceedings emanating therefrom are quashed.

(6) The petitioner is, 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. (7) The petition and all pending application(s) stand disposed of accordingly.

S.P.GARG, J DECEMBER 14, 2016 / sa CRL.M.C. 4386/2016