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High Court of DelhiCRL.M.C./5541/2017

Rakesh Karotiya & ORS v. State & ANR

2018-01-02Hon'Ble Mr. Justice S.P.Garg2 pages

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5541/2017 RAKESH KAROTIYA & ORS.

..... Petitioners Through :

Mr.Randhir Kumar, Advocate.

versus THE STATE & ANR.

..... Respondents Through :

Mr.M.S.Oberoi, APP.

Mr.Khalil A.Ansari, Advocate with Mohd.Akhtar, Advocate for R2 along with R2 in person.

SI Amit Mann, PS Defence Colony.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 02.01.2018 CRL.M.A.No.21507/2017 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 5541/2017 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.106/2011 registered under Sections 406/498A/34 IPC at PS Defence Colony, Delhi. 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 28.07.2016.

2.

Complainant / respondent No.2 is present with counsel and has been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question.

Divorce by mutual consent has already been granted. Pursuant to the settlement, remaining amount of `2 lacs by way of demand draft bearing No.778831 dated 19.12.2017 drawn on Syndicate Bank in the name of the complainant have been given to the complainant in the Court today.

3.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 28.07.2016 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.106/2011 registered under Sections 406/498A/34 IPC at PS Defence Colony, Delhi and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

S.P.GARG, J.

JANUARY 02, 2018 / tr