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HIGH COURT OF DELHI
W.P.(CRL) 1580/2012 &Crl.M.A.No.185^1/2012
HARISH & ORS.
Petitioners
Through: Mr.A.K.Trivedi, Advocate.
W.P.(CRL) 1580/2012 &Crl.M.A.No.185^1/2012
HARISH & ORS.
Petitioners
Through: Mr.A.K.Trivedi, Advocate.
VERSUS
STATE
Respondent
Through : Ms.Swati Goswami counsel for Mr.Dayan Krishnan, ASC for the State.
Respondent
Through : Ms.Swati Goswami counsel for Mr.Dayan Krishnan, ASC for the State.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
30.01.2013 Present petition has been filed by the petitionerfor quashing of the FIR No.78/2010 registered under Section 498A/406/34 IPG at police station Rajori Garden. It is stated that the matter has been settled with the complainanf'petitioner No.6-Ms.Jyoti amicably.
The matter was taken up on 7^^ November, 2012. It appeared to the court that the settlement was not with the free consent of the complainant. Specific observations were recorded in the order dated 7^^
November, 2012, Today the complainant did not appear before the court. Her parents, appeared with counsel, and stated that the complainant was
2013:DHC:7492
♦ pressurised to settle the dispute with the petitioner Nos. 1 to 5. Status report has also been filed by the State where it is mentioned that the settlement was not with the free consent ofthe complainant-MsJyoti.
Counsel for the petitioner states that the divorce has already been granted bymutual consent vide order dated 15^*^ January, 2013.
Since the complainant has not reported the settlement and as per the status report the settlement was not with the free consent of the complainant, the proceedings under Section 498-A/406 IPC cannot be quashed.
The petition is dismissed.
Crl.M.A.No.18591/2012 stands disposed of.
JANUARY 30,2013 sa S«.GARGj J.
2013:DHC:7492
30.01.2013 Present petition has been filed by the petitionerfor quashing of the FIR No.78/2010 registered under Section 498A/406/34 IPG at police station Rajori Garden. It is stated that the matter has been settled with the complainanf'petitioner No.6-Ms.Jyoti amicably.
The matter was taken up on 7^^ November, 2012. It appeared to the court that the settlement was not with the free consent of the complainant. Specific observations were recorded in the order dated 7^^
November, 2012, Today the complainant did not appear before the court. Her parents, appeared with counsel, and stated that the complainant was
2013:DHC:7492
♦ pressurised to settle the dispute with the petitioner Nos. 1 to 5. Status report has also been filed by the State where it is mentioned that the settlement was not with the free consent ofthe complainant-MsJyoti.
Counsel for the petitioner states that the divorce has already been granted bymutual consent vide order dated 15^*^ January, 2013.
Since the complainant has not reported the settlement and as per the status report the settlement was not with the free consent of the complainant, the proceedings under Section 498-A/406 IPC cannot be quashed.
The petition is dismissed.
Crl.M.A.No.18591/2012 stands disposed of.
JANUARY 30,2013 sa S«.GARGj J.
2013:DHC:7492
JUDGMENT