Shiv Kumar Rana & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3090/2017 CRL MA 12779/2017 SHIV KUMAR RANA & ORS ..... Petitioners Through Mr. Pradeep Kumar, Advocate versus STATE & ANR ..... Respondents Through Ms. Meenakshi Dahiya, APP for State with SI Awadh Kishore, PS Bindapur Mr. Mohan S., Advocate for Complainant /Respondent no.2) with Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.08.2017 It is submitted that petitioner no.1 and respondent no.2 have settled the disputes amicably in terms of Memorandum of Understating dated 21st October, 2016 executed between them and, therefore, FIR No.546/2013 under Sections 498-A/406/34 IPC registered at PS Bindapur on the complaint of respondent no.2, may be quashed.

Respondent no.2 (complainant) is present in the court along with her counsel and has been identified by SI Awadh Kishore. She admits having settled the disputes with the petitioner no.1 and further states that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 07th July, 2017 passed by the Principal Judge, Family Courts, Dwarka, Delhi.

She also states that out of the total settled amount of `7,00,000/-, she has already received `5,00,000/-. The balance amount of `2,00,000/- has been paid by the petitioner no.1 to respondent no.2 today in court by way of two Demand Drafts, photocopies whereof have been placed on record. It is submitted that the above-mentioned FIR be quashed in terms of the settlement.

Keeping in view the settlement arrived at between the petitioner no.1 and respondent no. 2 and the fact that marriage of petitioner no.1 and respondent no.2 has already been dissolved by decree of divorce by mutual consent, in the interest of justice, FIR No.546/2013 under Sections498-A/406/34 IPC registered at PS Bindapur and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J AUGUST 09, 2017 sm