Amit Gulati v. State & ANR

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 515/2018 AMIT GULATI ..... Petitioner Through :

Mr.Dhruv Grover, Advocate along with petitioner in person.

versus STATE & ANR ..... Respondents Through :

Ms.I.Pandey, proxy counsel for Ms.Nandita Rao, ASC with SI Ram Naresh, PS Amar Colony.

Mr.Sumit, Advocate for R2 along with R2 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 19.02.2018 CRL.M.A.No. 3039/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.A.No.3040/2018 (Delay) 1.

For the reasons mentioned in the application for condonation of delay in refiling the petition, the delay is condoned. 2.

The application for condonation of delay is disposed of. W.P.(CRL) 515/2018 1.

Present writ petition has been filed under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.559/2015 registered under Sections 498A/406/34 at PS Amar Colony. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Saket Courts, New Delhi vide settlement agreement dated 17.05.2016.

2.

Complainant / respondent No.2 is present in person with counsel and

has been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioner amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent. Divorce by mutual consent has already been granted.

Pursuant to the settlement, remaining amount of `22 lacs by way of demand draft bearing No.012899 dated 16.02.2018 drawn on HDFC Bank has been given to the complainant in the Court today. Copy of which has been placed on record. `1 lac more in cash has been paid to her today by the petitioner to compensate her for the delay in filing the present petition and non-payment of `22 lacs. Statement to that effect has been recorded separately. She has no objection to the quashing of the FIR in question.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 17.05.2016 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 after divorce, FIR No.559/2015 registered under Sections 498A/406/34 at PS Amar Colony and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

FEBRUARY 19, 2018 / tr S.P.GARG, J

W.P.(CRL) 515/2018 Statement of Respondent No.2 - Samriti Gulati, D/o Sh.Jagdish Chander Kakkar, R/o H.No. B-141/2, East of Kailash, New Delhi110065. On S.A.

I have settled the disputes with the petitioner amicably before Mediation Centre, Saket Courts, New Delhi. Pursuant to the settlement, I have received remaining amount of `22 lacs by way of demand draft bearing No.012899 dated 16.02.2018 drawn on HDFC Bank and `1 lac more in cash today in the Court. I have no objection to the quashing of the FIR No.559/2015 registered under Sections 498A/406/34 at PS Amar Colony and all the proceedings emanating therefrom.

R.O. & A.C.

19.02.2018 S.P.GARG (JUDGE)