High Court of DelhiCRL.M.C./92/2017

Vishnu Kain v. The State & ANR.

2017-01-11Hon'Ble Mr. Justice S.P.Garg2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 92/2017 & Crl.M.A.Nos.427-428/17 VISHNU KAIN ..... Petitioner Through :

Mr.Lalit Kumar, Advocate along with petitioner present in person.

versus THE STATE & ANR.

..... Respondents Through :

Mr.Arun Kr.Sharma, APP.

Complainant present with her father.

ASI Baljor Singh, PS Punjabi Bagh.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 11.01.2017 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.85/2013 under Sections 406/498A/34 IPC registered at Police Station Punjabi Bagh. It is stated that the matter has been settled with the complainant/respondent No.2 amicably before M.M./Mahila Court, Tis Hazari courts.

(2) Respondent No.2-complainant is present before the Court along with her father. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled CRL.M.C. 92/2017

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 has been paid to the complainant today in court by way of demand drafts bearing Nos.267212 dated 14.10.16 drawn on Punjab & Sind Bank; 502416 and 502415 drawn on ICICI Bank; 743692 and 743694 drawn on Punjab National Bank for the sum of `1,50,000/-, `75,000/-, `1,25,000/-, `1,00,000/- and`50,000/- respectively, dated 13.10.2016. Divorce by mutual consent has been granted.

(3) The petition is supported by the affidavits of the parties. Order dated 17.04.2015 of Family Courts (West), Tiz Hazari recording settlement between the parties is on record.

(4) 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.85/2013 under Sections 406/498A/34 IPC registered at Police Station Punjabi Bagh and all the proceedings emanating therefrom are quashed.

(5) The petition and all pending application(s) stand disposed of accordingly.

S.P.GARG, J.

JANUARY 11, 2017/sa CRL.M.C. 92/2017