Vikram & ORS. v. State & ANR.

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 363/2017 VIKRAM & ORS.

..... Petitioners Through:

Mr.Narender Malwaliya, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr.G.M. Farooqui, APP for State S.I. Inder Pal Singh, CAW Cell

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.01.2017 Crl. M.A. 1620/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

Crl. M.C. 3635/2015 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.52/2014, under Sections 498A/406/34 IPC, registered at Police Station Farsh Bajar, 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 19.02.2011 according to Hindu rites and ceremonies. Counsel further submits that due to temperamental differences arisen between the parties, the complainant/respondent No.2 got registered the aforesaid FIR. He also 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 before the Delhi High Court

Mediation Centre vide Settlement Agreement dated 22.07.2014. He further submits that the said settlement has been acted upon and the marriage between the parties has also been dissolved by mutual consent by a decree of divorce dated 8th March, 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 Inder Pal Singh. The complainant also admits that the matter has been amicably settled with the petitioners. She further submits that as per the terms of settlement she has received last instalment of Rs.2,00,000/- (Rupees Two Lakhs Only) by way of D.D bearing No.290233 dated 19.09.2016 (revalidated on 15.12.2016) drawn on Punjab National Bank, Chandanhola, Mehrauli, New Delhi. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and she 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 8th March, 2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No. 52/2014, under Sections 498A/406/34 IPC, registered at Police Station Farsh Bajar, Delhi and all proceedings emanating therefrom are hereby quashed.

Parties to remain bound by the terms of settlement dated 22.07.2014. The present petition is disposed of accordingly. Copy of this order be given dasti.

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