Punit Kumar v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 517/2017 PUNIT KUMAR ..... Petitioner Through:

Mr.Abhijeet Shah, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State IO, S.I Ajay Kumar, P.S. Safdarjung Enclave Mr.Zakir Hussain, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 08.02.2017 Crl. M.A. 2251/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

Crl. M.C. 517/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.804/2015, under Section 324 IPC, registered at Police Station Safdarjung Enclave and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner got married with respondent No.2 on 16.06.2014 according to Hindu rites and ceremonies.

Counsel further submits that after the marriage misunderstanding has arisen between the parties, which has resulted into registration of the said FIR. He further submits that in the present petition

the dispute is pertaining to the matrimonial relation. He further 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 and the same has been reduced into writing on 11.12.2015. He further submits that the marriage between the parties has already been dissolved. He further submits that as per the terms of settlement, the last amount due to be paid to the respondent No.2 is Rs.6,00,000/- and the same has been paid today by way of demand draft bearing No.660899, amounting to Rs.5,00,000/-, dated 07.01.2017 drawn on Bank of Baroda and demand draft bearing No.502350, amounting to Rs.1,00,000/-, dated 18.01.2017, drawn on ICICI Bank and that 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. He further submits that the petitioner 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 Ajay Kumar. 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.6,00,000/- by way of aforementioned demand drafts. 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 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No. 804/2015, under Section 324 IPC, registered at Police Station Safdarjung Enclave and all proceedings emanating therefrom are hereby quashed. The present petition is disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J FEBRUARY 08, 2017/km