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High Court of DelhiW.P.(CRL)/3493/2016

Ram Babu v. State (Gnct Delhi) & ANR

2016-12-05Hon'Ble Ms. Justice Mukta Gupta2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3493/2016 RAM BABU ..... Petitioner Represented by:

Ms. Nitya Sharma with Mr.

Rajat Sharma, Advs. with petitioner.

versus STATE (GNCT DELHI) & ANR ..... Respondent Represented by:

Ms. Kamna Vohra, ASC with SI Uma Datt, PS Mangol Puri.

Mr. Amit Sisodia, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.12.2016 Crl.M.A. 18970/2016 Exemption allowed, subject to all just exceptions. WP(Crl.) 3493/2016 By the present petition, the petitioner seeks quashing of FIR No.2134/2014 under Section 354 IPC registered at PS Mangol Puri on the complaint of respondent No.2 and the proceedings pursuant thereto as the parties have settled the matter.

Learned APP for the State on instructions from the investigating officer submits that in the above noted FIR, the petitioner is only accused and respondent No.2 the only complainant/victim. Respondent No.2 who is present in Court and identified by learned counsel and the investigating officer states that she has settled the matter with the petitioner. Divorce by mutual consent has been granted between

respondent No.2 and Titu @ Teetu son of the petitioner. In lieu of all her claims towards maintenance/istridhan/permanent alimony etc. respondent No.2 is entitled to receive ₹1.5 lakhs out of which she has already received ₹1 lakh and balance amount of ₹50,000/- has been received by her today in Court by way of demand draft No.002095 dated 30th November, 2016 drawn on Axis Bank Ltd., Maharaja Agarsain Marg, Rohini. She states that she does not wish to pursue the above noted FIR and the proceedings pursuant thereto.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No.2134/2014 under Section 354 IPC registered at PS Mangol Puri, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 05, 2016 'v mittal'