Anuj Kumar & ORS. v. The State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 415/2017 ANUJ KUMAR & ORS.

..... Petitioners Through:

Mr.Vivek Sharma, Adv.

versus THE STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State Inspector Adithtily, PS-Dwarka South Mr.D.D.Sharma, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.02.2017 CRL.M.A.1849/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 415/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.388/2014, under Sections 498A/406/34 IPC, registered at Police StationDwarka South, Delhi and all the proceedings emanating therefrom. Counsel for the petitioners has submitted that petitioner No.1 is the husband of the complainant and due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences in mediation centre, Dwarka Courts and their marriage has also been dissolved by mutual consent by a decree of divorce dated 1st October,

2016 granted by the Judge, Family Courts, Dwarka, 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 petitioners 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, Inspector Adithtily, P.S. Dwarka South, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and as per the terms of settlement, she has already received last instalment of Rs.1,00,000/- (Rupees One Lakh Only) from the petitioners. She further submits that she has no claim or grievance left against the petitioners. 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 1st October, 2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.388/2014, under Sections 498A/406/34 IPC, registered at Police Station-Dwarka South, Delhi and all proceedings arising

of the same are hereby quashed.

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

I.S.MEHTA, J FEBRUARY 01, 2017/radhika