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High Court of DelhiCRL.M.C./5674/2018

Ashok Kumar & ORS v. State Of NCT Of Delhi & ANR

2020-02-04Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5674/2018 ASHOK KUMAR & ORS ..... Petitioners Through:

Mr.Prince Sharma, Advocate with the petitioners in person.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Ms.Neelam Sharma, APP for State with ASI Ram Singh, P.S. Delhi Cantt.

R-2/complainant in person along with her sister.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 130/2013, registered under Sections 498-A/406/34 IPC, at Police Station Delhi Cantt., New Delhi, on the ground that parties have settled their disputes.

2.

Ms.Neelam Sharma, learned APP for the State, on instructions, submits that the charge-sheet in the present case has been filed against the aforesaid petitioners and respondent No.2 is the only victim/complainant in this case.

3.

Learned counsel for the petitioners submits that the parties have amicably settled their dispute before Delhi Mediation Centre, Patiala House Courts, New Delhi vide settlement dated 28.10.2015. A copy of the same is annexed as Annexure-B with the present petition. He further submits that the marriage of petitioner No.1 and respondent No.2 has already been dissolved CRL.M.C. 5674/2018

by mutual consent vide decree of divorce dated 21.11.2016 passed by the concerned Family Court. He further submits that in terms of the aforesaid settlement, respondent No.2, is now, left with no claim or grievance whatsoever against the petitioners.

4.

The petitioners who are present in person, are identified by their counsel and the Investigating Officer. Respondent No. 2, who is present in person along with her sister, is identified by the Investigating Officer. 5.

Respondent No. 2 who is present in Court along with her sister, submits that she has entered into the settlement with the petitioners out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

6.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

7.

The parties are bound by the statements made in Court today. 8.

In view of the above facts and since the disputes are matrimonial in nature, no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

9.

With the above directions, the petition is disposed of. 10.

Copy of the order be given dasti to the parties. MANOJ KUMAR OHRI, J FEBRUARY 04, 2020 'dc'

CRL.M.C. 5674/2018