Deepika Jain & ANR v. State & ANR

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 224/2017 DEEPIKA JAIN & ANR ..... Petitioners Through:

Mr.Pratyush Chirantan, Adv. with petitioners in person versus STATE & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for the State S.I. Shri Gopal, P.S. Shakar Pur

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.01.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.741/2015, under Sections 66-C/66-D Information Technology Act read with Section 109 & 110 IPC, registered at Police Station Shakar Pur, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners submits that the petitioner No.1 got married with respondent No.2 on 17.05.2011 according to Hindu rites and ceremonies. Counsel further submits that after the marriage no immediate issue was born with the consequence misunderstanding between the parties has arisen resulting into the registration of the said FIR. He further submits that in the present petition the dispute is pertaining to the matrimonial relation and the attraction of Sections 66-C/66-D Information Technology Act read with Section 109 & 110 IPC is its offset. He further submits that after the registration of the said FIR, the near relatives and close

friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing on 30.04.2016. He further submits that the marriage between the parties has also been dissolved by mutual consent by a decree of divorce dated 22.12.2016 granted by the Principal Judge, Family Courts, Karkardooma Courts, New Delhi. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioner No.1 and the respondent No.2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, SI Shri Gopal. The complainant also admits that the matter has been amicably settled with the petitioners and that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and he has no objection if the FIR in question is quashed. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the marriage between the petitioner No.1 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 22.12.2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No. 741/2015, under Sections 66-C/66-D Information Technology Act read with Section 109 & 110 IPC, registered at Police

Station Shakar Pur, Delhi and all proceedings emanating therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J JANUARY 30, 2017/km