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High Court of DelhiCRL.M.C./279/2017

Suraj Bhalla & ORS. v. State Of NCT Of Delhi & ANR.

2017-01-23Hon'Ble Mr. Justice I.S.Mehta3 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 279/2017 SURAJ BHALLA & ORS.

..... Petitioners Through:

Mr.S.P.Verma, Adv.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State SI Yashpal Singh, PS-Geeta Colony

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 23.01.2017 CRL.M.A.1223/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 279/2017 & CRL.M.A.1222/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR No.128/2015, under Sections 498A/406/34 IPC, registered at Police Station-Geeta Colony, Delhi. Learned counsel for the petitioners has submitted that the petitioner No.1 got married to the respondent No.2/complainant on 01.12.2013 according to Hindu rites and ceremonies at New Delhi. Counsel further submits that due to temperamental differences arisen between the parties, the complainant/respondent No.2 got registered an FIR No.128/2015, under Sections 498A/406/34 IPC, at Police Station-Geeta Colony, Delhi. Counsel

further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties before the Mediation Centre, Karkardooma Courts vide settlement deed dated 2nd September, 2015. Counsel further submits that the petitioner No.1 and the respondent No.2 are now living together as husband and wife along at the matrimonial house happily and peacefully and the respondent No.2/complainant has no complaint or grievance of any kind left against the petitioners and nothing further is to be adjudicated between the parties and prays that the present FIR, which is coming as a hurdle in their way of peaceful and happy matrimonial life, may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the IO SI Yashpal.

The respondent No.2/complainant admits that she has amicably settled/compromised the matter with the petitioners voluntarily and without any kind of force, pressure or coercion. She further submits that she is now living with her husband at her matrimonial house happily and peacefully and she is left with no complaint or grievance against the petitioners. She further submits that she has no objection if the FIR in question is quashed.

Looking into the facts and circumstances, since the matter has been amicably settled between the parties and that the petitioner No.1 and the respondent No.2/complainant are now living together as husband and wife at the matrimonial house peacefully and happily, to meet the ends of justice, I deem it appropriate to quash the FIR in question. Consequently, FIR No.128/2015, under Sections 498A/406/34 IPC, registered at Police StationGeeta Colony, Delhi and all proceedings emanating therefrom are hereby quashed.

The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JANUARY 23, 2017/radhika