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Capt. Gopal Bhalla vs State Of Nct Of Delhi & Anr on 13 March, 2020

$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1409/2020
CAPT. GOPAL BHALLA ….. Petitioner
Through : Ms.Shreya Singhal, Advocate with
petitioner in person.
versus
STATE OF NCT OF DELHI ANR. ….. Respondents
Through : Mr.Amit Ahlawat, Addl. PP for the
State with ASI Yashpal Singh.
Respondent No.2 in person.

CORAM:
HON’BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 13.03.2020
CRL.M.A.No.5422/2020

Exemption allowed, subject to all just exceptions.
The application stands disposed of.

CRL.M.C. 1409/2020
Petitioner filed this petition under Section 482 Criminal
Procedure Code for quashing of the FIR No.156/2016 under Section
406/498A/377 Indian Penal Code registered at police station CWC,
Nanakpura, South-West District, Delhi against him and the
proceedings emanating therefrom.

The petitioner/husband and complainant/ respondent No.2/wife
have settled their disputes amicably per Settlement Agreement(s)
dated 14.10.2016, 13.09.2019, and 02.12.2019 annexed with petition.
Respondent No.2 has joined the matrimonial house with petitioner
No.1 and they are living happily as a couple.

The complainant/respondent No.2 is present has been duly
identified by the Investigating Officer, states the matter has been
settled with the petitioner and she has joined the company of
petitioner. The affidavit of respondent No.2 is at pages No.24-25 and
she has no objection if the FIR is quashed against the petitioner.

Though the FIR is also under Section 377 IPC, but such
allegations are against petitioner – husband only and as matrimonial
dispute is settled, there is no justification to proceed with Section 377
IPC against petitioner / husband since complainant has joined his
company.

Accordingly, the petition is allowed. Consequently, FIR
No.156/2016 under Section 406/498A/377 Indian Penal Code
registered at police station CWC Nanakpura, South-West District,
Delhi and the proceedings emanating therefrom is quashed. No order
as to costs. Order dasti.

YOGESH KHANNA, J.

MARCH 13, 2020
M

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