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High Court of DelhiCRL.M.C./4475/2016

Pavan Kumar Sharma & ORS. v. Govt. Of NCT Of Delhi & ANR.

2017-05-24Hon'Ble Mr. Justice S.P.Garg2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4475/2016 PAVAN KUMAR SHARMA & ORS.

..... Petitioners Through :

Mr.Bir Singh, Advocate along with petitioners in person.

versus GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through :

Mr.G.M.Farooqui, APP with SI Jagdish Prasad, CAW Cell.

Complainant with her brother present.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 24.05.2017 CRL.M.A.No.18712/2016 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 4475/2016 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.474/2006 registered under Sections 498A/406/34 IPC & Sections 3 / 4 D.P.Act at PS Bhajanpura. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Karkardooma Courts, Delhi vide settlement agreement dated 26.05.2016.

2.

Complainant / respondent No.2 is present with her brother and has been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners CRL.M.C. 4475/2016

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. Marriage between the parties has been annulled under Section 12(1)(a) of Hindu Marriage Act by a decree dated 31.01.2013. 3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 26.05.2016 has been placed on record. 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, FIR No.474/2006 registered under Sections 498A/406/34 IPC & Sections 3 / 4 D.P.Act at PS Bhajanpura and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

CRL.M.A.No.18711/2016 (Permission to withdraw FDR) 1.

The petitioners have no objection to the release of FDR to the complainant / respondent No.2.

2.

FDR for a sum of `40,000/- (in the name of the complainant) lying in the judicial record be released to the complainant / respondent No.2 pursuant to the settlement dated 26.05.2016. 3.

The application stands disposed of.

S.P.GARG, J MAY 24, 2017 / tr CRL.M.C. 4475/2016