Puneet Agarwal & ORS v. State Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 206/2017 PUNEET AGARWAL & ORS ..... Petitioners Through:

Mr.M.L.Pahuja, Advocate with the petitioners in person.

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

Mr.Izhar Ahmad, APP for State with IO SI Sandeep Shrivastava, P.S.

Maurya Enclave, Delhi.

Mr.V.K.Jain, Adv. for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.01.2017 Crl.M.A.No.924/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 206/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.147/2012, under Sections 498-A/406 IPC, registered at Police Station Maurya Enclave, Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the present petition has been filed 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 Puneet Aggarwal was the husband, petitioner No.2 Shri Ramesh Gupta was the father-in-law and petitioner No.3 Smt.Shobha Gupta was the mother-in-law 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 26.11.2007 at Kolkata as per Hindu rites and ceremonies. Counsel further submits that due to misunderstanding arisen between the parties, the respondent No.2 got registered an FIR No.147/2012, under Sections 498-A/406 IPC, at Police Station Maurya Enclave, 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 Delhi High Court Mediation and Conciliation Centre on 11.05.2016. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved by judgment and decree dated 21.12.2016 passed by the Judge, Family Court, North-West, Rohini, Delhi. Counsel further submits that as per the settlement, the entire amount has already been paid to the respondent No.2/complainant towards full and final settlement of all her claims and nothing remains to be paid to her.

Counsel further submits that since the matter has been amicably resolved between the parties and nothing further remains to be adjudicated, however, the aforesaid FIR is coming as a hurdle in the peaceful life of both the parties and prays, the said FIR may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by the IO SI Sandeep Shrivastava, P.S. Maurya Enclave,

Delhi and also by her counsel. The complainant, present in person, admits the factum of amicable settlement with the petitioners and further admits that in terms of the settlement she has received all due amounts from the petitioners and nothing remains to be paid to her. She further submits that the settlement arrived at between them is voluntary and without any force, pressure or coercion. Complainant further admits that her marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 21.12.2016 and 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 which has been reduced into writing before the Delhi High Court Mediation and Conciliation Centre on 11.05.2016 and the marriage between the parties has already been dissolved vide judgment and decree dated 21.12.2016 and nothing further remains to be adjudicated between the parties, I deem it appropriate to quash the FIR in question. Consequently, to meet the ends of justice, FIR No.147/2012, under Sections 498-A/406 IPC, registered at Police Station Maurya Enclave, 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'