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$,-, 11 HIGH COURT OF DELHI
CRL.M.C. 4940/2014
MAHENDER KUMAR Petitioner
Through Mr. Rakesh Rajmurti, Adv.
CRL.M.C. 4940/2014
MAHENDER KUMAR Petitioner
Through Mr. Rakesh Rajmurti, Adv.
VERSUS
STATE (NCT OF DELHI) & ANR .....Respondents
Through Mr. Feroz Khan Ghazi, APP for State/ R-1 along with SI Amit Kumar, PS
Farash Bazar, in person.
'Je Respondent No.2 in person.
Through Mr. Feroz Khan Ghazi, APP for State/ R-1 along with SI Amit Kumar, PS
Farash Bazar, in person.
'Je Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
08.01.2015 Cr1.
M.A. No.16928/2014 (exemption)
Exemption allowed, subject to just exceptions.
The application is disposed of Cr1. M.C. No.4940/2014
The present petition has been filed by the petitioner under Section 482
Cr.P.C. for quashing of FIR No.83/20 14 under Section 363 IPC, registered at P.S. Farash Bazar, East Delhi on the complaint of respondent No.2.
Brief facts of the case are that the petitioner and the sister of respondent No.2/complainant were working at the same place. They fell in love with each other and on 24th January, 2014, the sister of respondent No.2 left her house and had performed the marriage with the petitioner at
Ghaziabad, UP against the wishes of her parents as well as respondent No.2.
On the basis of the complaint made by respondent No.2, the aforesaid FIR
'I
2015:DHC:10594 was registered against the petitioner. On 8" February, 2014, the sister of respondent No-2 was recovered. Her statement was recorded before the
Magistrate under Section 164 Cr.P.C. wherein she stated that she got married with the petitioner with her own wishes and without any coercion, pressure and undue influence and she is major of 19 years of age.
During the pendency of the proceedings, the parties have settled their disputes by virtue of Settlement Deed dated
30thSeptember, 2014 whereby the respondent No.2 and his family members had accepted the marriage of his sister Suman with the petitioner. Copy of the Settlement Deed is placed on the record. Respondent No.2 has also filed his affidavit in support of the petition.
The petitioner is present in Court who is duly identified by his counsel. Respondent No.2, who is also present in Court, is identified by the
Investigating Officer. The said respondent has confirmed the settlement.
He has no objection if the prayer made in the petition is allowed.
In view of averments made in the petition as well as the settlement, the FIR No.83/2014 under Section 363 IPC, registered at P.S. Farash Bazar, East Delhi and proceedings pursuant thereto are hereby quashed qua the petitioner. Since the Government machinery has been used, while quashing the FIR, I impose a cost of Rs. 10,000/- upon the petitioner. The said cost shall be deposited by the petitioner with the Delhi High Court Mediation and
Conciliation Centre within four weeks from today and receipt thereof be filed in the Registry thereafter.
The petition is accordingly disposed of.
" 'F AN 0 [A'N 'ZING% J.
JANUARY 08, 2015 2015:DHC:10594
08.01.2015 Cr1.
M.A. No.16928/2014 (exemption)
Exemption allowed, subject to just exceptions.
The application is disposed of Cr1. M.C. No.4940/2014
The present petition has been filed by the petitioner under Section 482
Cr.P.C. for quashing of FIR No.83/20 14 under Section 363 IPC, registered at P.S. Farash Bazar, East Delhi on the complaint of respondent No.2.
Brief facts of the case are that the petitioner and the sister of respondent No.2/complainant were working at the same place. They fell in love with each other and on 24th January, 2014, the sister of respondent No.2 left her house and had performed the marriage with the petitioner at
Ghaziabad, UP against the wishes of her parents as well as respondent No.2.
On the basis of the complaint made by respondent No.2, the aforesaid FIR
'I
2015:DHC:10594 was registered against the petitioner. On 8" February, 2014, the sister of respondent No-2 was recovered. Her statement was recorded before the
Magistrate under Section 164 Cr.P.C. wherein she stated that she got married with the petitioner with her own wishes and without any coercion, pressure and undue influence and she is major of 19 years of age.
During the pendency of the proceedings, the parties have settled their disputes by virtue of Settlement Deed dated
30thSeptember, 2014 whereby the respondent No.2 and his family members had accepted the marriage of his sister Suman with the petitioner. Copy of the Settlement Deed is placed on the record. Respondent No.2 has also filed his affidavit in support of the petition.
The petitioner is present in Court who is duly identified by his counsel. Respondent No.2, who is also present in Court, is identified by the
Investigating Officer. The said respondent has confirmed the settlement.
He has no objection if the prayer made in the petition is allowed.
In view of averments made in the petition as well as the settlement, the FIR No.83/2014 under Section 363 IPC, registered at P.S. Farash Bazar, East Delhi and proceedings pursuant thereto are hereby quashed qua the petitioner. Since the Government machinery has been used, while quashing the FIR, I impose a cost of Rs. 10,000/- upon the petitioner. The said cost shall be deposited by the petitioner with the Delhi High Court Mediation and
Conciliation Centre within four weeks from today and receipt thereof be filed in the Registry thereafter.
The petition is accordingly disposed of.
" 'F AN 0 [A'N 'ZING% J.
JANUARY 08, 2015 2015:DHC:10594
JUDGMENT