High Court of DelhiCRL.M.C./502/2017

Lalit Kumar v. State (NCT Of Delhi) & ORS

2017-02-07Hon'Ble Mr. Justice I.S.Mehta2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 502/2017 LALIT KUMAR ..... Petitioner Through:

Mr.Kapil Jain, Adv.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr.Raghuvinder Varma, APP for the State S.I. Rakesh Rana, P.S. Bharat Nagar Ms.Annu Sharma, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.02.2017 CRL.M.A.2191/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

CRL.M.C. 502/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.0047/2013, under Sections 498A/406 IPC, registered at Police Station Bharat Nagar, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1 is the husband of complainant/respondent No.2 but due to temperamental differences and misunderstanding arisen between them, the aforesaid FIR has been registered. He also submits that after the registration of FIR, the near relatives and close friends intervened and the matter has been amicably

settled and the parties are living together in the matrimonial home. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further. He also submits that the FIR in question is coming as hurdle in the way of the present petitioner and respondent No.2 and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2 is present before the Court with her counsel and is identified by the Investigating Officer, S.I. Rakesh Rana. I have enquired from her whether the matter has been settled with the petitioner amicably without fear and pressure. She has stated that the matter has been settled without any fear or pressure and she is living happily in the matrimonial home.

Since the matter has been settled between the parties and the complainant is residing with petitioner in the matrimonial home happily, no useful purpose will be served to continue with the proceedings under Section 498A/406 IPC. In the interest of justice and to enable the parties to maintain their matrimonial relations, FIR No. 0047/2013, under Sections 498A/406 IPC, registered at Police Station Bharat Nagar, Delhi and all the proceedings arising therefrom are quashed.

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

I.S.MEHTA, J FEBRUARY 07, 2017/km