Rajeev Bhardwaj & Ors vs The State Govt Of Nct Of Delhi & Anr
2018 Latest Caselaw 119 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                   DECIDED ON : 5th JANUARY, 2018

+                           W.P.(CRL) 38/2018
          RAJEEV BHARDWAJ & ORS               ..... Petitioners
              Through : Mr.Pradeep Ahlawat, Advocate along with
              petitioners in person.

                              versus

          THE STATE GOVT OF NCT OF DELHI & ANR
                                                  ..... Respondents
               Through : Ms.Megha Bahl, proxy counsel for Mr.Avi
               Singh, ASC with SI Uday Singh, PS Bawana.
               Complainant with her mausi Kaushalya.


           CORAM:
           HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (Oral)

CRL. M.A.No.218/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 38/2018

1. Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.393/2013 under Sections 406/498A IPC registered at PS Bawana. It is stated that the matter has been settled amicably with the complainant / respondent No.2 vide settlement orders dated 09.02.2016 and 25.02.2016 before Family Court, Rohini, Delhi.

2. Complainant / respondent No.2 is present with her mausi 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 `3.5 lacs by way of demand draft bearing No.703685 dated 04.12.2017 drawn on Bank of Baroda has been given to the complainant in the Court today; (Copy placed on record).

3. The petition is supported by affidavits of the parties. Copies of settlement orders dated 09.02.2016 and 25.02.2016 have been placed on record. Since the matter has been settled between the parties and the divorce by mutual consent has already been granted vide decree dated 22.09.2016, no useful purpose will be served to continue with the proceedings under Sections 406/498A IPC. In the interest of justice and to enable the parties to settle in life after divorce, FIR No.393/2013 under Sections 406/498A IPC at PS Bawana and all the proceedings arising therefrom are quashed.

4. The petition stands disposed of accordingly.

                                                        (S.P.GARG)
                                                          JUDGE
JANUARY             05, 2018 / tr