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Rajeev Bhardwaj & Ors vs The State Govt Of Nct Of Delhi & Anr on 5 January, 2018

$~14
* 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.

W.P.(CRL) 38/2018 Page 1 of 2

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

W.P.(CRL) 38/2018 Page 2 of 2

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