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$-3 HIGH COURT OF DELHI
CRL.M.C. 5335/2014
ANIL KUMAR Petitioner
Through Mr. O.S. Soran and Mr. K.B. Rao, Advocates along with petitioner
CRL.M.C. 5335/2014
ANIL KUMAR Petitioner
Through Mr. O.S. Soran and Mr. K.B. Rao, Advocates along with petitioner
VERSUS
STATENCT OF DELHI & ORS Respondents
Through Mr.Ravi Nayak, APP for the State , SI Rajender Prasad, P.S. Mayapuri
^ Mr. Sunil Kumar, Advocate for respondent no. 2/complainant
Through Mr.Ravi Nayak, APP for the State , SI Rajender Prasad, P.S. Mayapuri
^ Mr. Sunil Kumar, Advocate for respondent no. 2/complainant
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
15.04.2015
15.04.2015
CRL.M.C. 5335/2014 and Crl. MA No. 18180/2014 (Stav^
The matter is taken up today, as 14^*" April, 2015 was declared as a holiday.
Thepresent petition has beenfiled by the petitioner underSection 482
•y Cr.P.C. for quashing ofFIRNo. 43/2013, under Sections 498-A/313/34 IPC, registered atP.S. Mayapuri, Delhi on the complaint ofrespondent No.2.
Brief facts of the case are that respondent No.2 got married to petitioner on 8^*^ February, 2012 according to Hindu rites and ceremonies.
Due totemperamental differences, they are living separately from each other since 12^^ February, 2013. In the meanwhile, on the basis ofthe complaint made by respondent No.2, the aforesaid FIR was registered against the petitioner on 1 February, 2013.
2015:DHC:10727 During the pendency of the proceedings, the petitioner and respondent No.2 have settled their disputes amicably. The said settlement was arrived at between them before the Mediator, Mediation Cell, Tis Hazari, Delhi on 4^^
September, 2014. Copy of the mediation report is placedon the record. The said settlement has been acted upon between the parties. They have also obtained divorce decree by mutual consent on the basis of the settlement.
Copy ofthe decree dated 9'^^ April, 2015 is also placed on the record.
The petitioner as well as respondent No.2 are present in Court who are duly identified by their respective counsel. Identification proofs have been filed bythe parties along with the petition. In terms of the settlement, petitioner has paid the entire amount of Rs. 13 lakhs to respondent No.2
Respondent No.2/complainant has confirmed the settlement as well as receiving of the entire amount from petitioner in terms thereof She has no objection if theprayer made inthepetition is allowed. She has also filed her affidavit in this regard which is placed on the record. She further submits that the allegation made by heragainst the petitioner under Section 313 IPC was made due to oversight and she does notpress for thesame.
In viewof the averments made inthepetition as well asthe settlement arrived at between the parties, the FIR No. 43/2013, under Sections 498-
A/313/34 IPC, registered at P.S. Mayapuri, Delhi and proceedings pursuant thereto arehereby quashed qua thepetitioner.
The petition is accordingly disposed of. The pending application also stands disposed of
APRIL 15,2015/sd 2015:DHC:10727
The matter is taken up today, as 14^*" April, 2015 was declared as a holiday.
Thepresent petition has beenfiled by the petitioner underSection 482
•y Cr.P.C. for quashing ofFIRNo. 43/2013, under Sections 498-A/313/34 IPC, registered atP.S. Mayapuri, Delhi on the complaint ofrespondent No.2.
Brief facts of the case are that respondent No.2 got married to petitioner on 8^*^ February, 2012 according to Hindu rites and ceremonies.
Due totemperamental differences, they are living separately from each other since 12^^ February, 2013. In the meanwhile, on the basis ofthe complaint made by respondent No.2, the aforesaid FIR was registered against the petitioner on 1 February, 2013.
2015:DHC:10727 During the pendency of the proceedings, the petitioner and respondent No.2 have settled their disputes amicably. The said settlement was arrived at between them before the Mediator, Mediation Cell, Tis Hazari, Delhi on 4^^
September, 2014. Copy of the mediation report is placedon the record. The said settlement has been acted upon between the parties. They have also obtained divorce decree by mutual consent on the basis of the settlement.
Copy ofthe decree dated 9'^^ April, 2015 is also placed on the record.
The petitioner as well as respondent No.2 are present in Court who are duly identified by their respective counsel. Identification proofs have been filed bythe parties along with the petition. In terms of the settlement, petitioner has paid the entire amount of Rs. 13 lakhs to respondent No.2
Respondent No.2/complainant has confirmed the settlement as well as receiving of the entire amount from petitioner in terms thereof She has no objection if theprayer made inthepetition is allowed. She has also filed her affidavit in this regard which is placed on the record. She further submits that the allegation made by heragainst the petitioner under Section 313 IPC was made due to oversight and she does notpress for thesame.
In viewof the averments made inthepetition as well asthe settlement arrived at between the parties, the FIR No. 43/2013, under Sections 498-
A/313/34 IPC, registered at P.S. Mayapuri, Delhi and proceedings pursuant thereto arehereby quashed qua thepetitioner.
The petition is accordingly disposed of. The pending application also stands disposed of
APRIL 15,2015/sd 2015:DHC:10727
JUDGMENT