Gurdayal Singh & ORS v. State Of NCT Of Delhi & ANR

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 219/2017 GURDAYAL SINGH & ORS ..... Petitioners Through:

Mr.A.Ali Khan, Advocate with the petitioners in person.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State with SI Manoj Kumar, P.S. Mayur Vihar, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.01.2017 Crl.M.A.No.963/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 219/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for seeking quashing of FIR No.41/2010, under Sections 498A/406/34 IPC, registered at Police Station Mayur Vihar, Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the present petition has been filed jointly on behalf of the petitioners as well as the respondent No.2 on the basis of amicable settlement arrived at between the parties.

Counsel for the petitioners further submits that the petitioner No.1 Shri Gurdayal Singh was the husband, petitioner No.2 Shri Tirath Singh (since deceased) was the father-in-law, petitioner No.3 Smt.Satnam Kaur was the mother-in-law and petitioner No.4 Shri Mahendra Singh was the brother-inlaw of the respondent No.2/complainant. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 was solemnized on 29.05.2005 as per Hindu/Sikh rights and customs at the matrimonial home of the respondent No.2. Counsel further submits that due to misunderstanding arisen between the parties, the respondent No.2 got registered an FIR No.41/2010, under Sections 498-A/406/34 IPC, at Police Station Mayur Vihar, Delhi.

Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the matter has been amicably settled/compromised between the parties and the same has been reduced into writing before the Mediation Centre, Karkardooma Courts, Delhi on 21.11.2016. Subsequently, as per the terms of the said settlement, the marriage between the petitioner and respondent No.2 has already been dissolved vide judgment and decree dated 15.05.2015 passed by the Principal Judge, Family Court, Distt. Anand, Gujarat. Counsel, however, further submits that the aforesaid FIR is coming as a hurdle in the peaceful life of both the parties and prays that since nothing further remains to be adjudicated, the said FIR may be quashed. The respondent No.

2/complainant is present in Court today and has been identified by the IO SI Manoj Kumar, P.S. Mayur Vihar, Delhi.

Centre, Karkardooma Courts, Delhi on 21.11.2016. She further admits that her marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 15.05.2015 passed by the Principal Judge, Family Court, Distt. Anand, Gujarat. She further submits that she has no objection if the aforesaid FIR is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled/compromised between the parties vide settlement dated 21.11.2016 reduced into writing before the Mediation Centre, Karkardooma Courts, Delhi and the marriage of the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 15.05.2015 passed by the Principal Judge, Family Court, Distt. Anand, Gujarat and nothing further remains to be adjudicated between the parties, I deem it appropriate to quash the FIR in question. Consequently, FIR No.41/2010, under Sections 498A/406/34 IPC, registered at Police Station Mayur Vihar, Delhi and all subsequent proceedings arising therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JANUARY 18, 2017 'dc'