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2015 Supreme(Del) 2102

SUNIL GAUR
MANOJ KUMAR – Appellant
Versus
THE STATE GOVT OF NCT OF DELHI – Respondent


Advocates Appeared:
Mr. Shiv Kumar, Advocate
Ms. Manjeet Arya, Additional Public Prosecutor for State with ASI Rajnish Mr. Chandra Gupta Maurya, Advocate with Respondent No.2-in-person

JUDGMENT :

Quashing of FIR No.328/2012, under Sections 498-A/406/34 of IPC registered at Police Station Jahangirpuri, Delhi is sought on the ground that parties have amicably settled their disputes and divorce by mutual consent has already been obtained.

Notice.

Ms. Manjeet Arya, learned Additional Public Prosecutor accepts notice on behalf of respondent-State and Mr. Chandra Gupta Maurya, Advocate, accepts notice on behalf of respondent No.2.

Learned Additional Public Prosecutor for respondent –State submits that respondent No.2, present in the Court, has been identified to be the complainant/first-informant of the FIR in question by her counsel as well as by ASI Rajnish on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved and all the terms have been fully acted upon as today, she has received the balance settled amount of Rs.1.5 lac by way of demand draft bearing No. 332006 of 3rd July, 2015 and that divorce by mutual consent has been already granted by the family court on 18th February, 2014. Respondent No.2 affirms the factum of settlement and contents of her affidavit of 1











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