Sudershan v. State (Govt Pf NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 723/2017 SUDERSHAN ..... Petitioner Through:

Mr.Harendra Kumar, Adv.

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

Mr.Izhar Ahmad, APP for State S.I. Naresh Kr., P.S. Uttam Nagar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 20.02.2017 CRL.M.A.3053/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 723/2017 This is a petition under Section 482 Cr.P.C. moved by the petitioner for quashing of FIR No.352/2013, under Sections 498-A/420/494/506/34 IPC, registered at P.S. Uttam Nagar.

Learned Counsel further submits that the marriage between the petitioner and the respondent No.2/complainant was solemnized on 10.05.2013.

Counsel further submits that after the marriage misunderstanding between the parties has arisen, which resulted into the registration of aforesaid FIR. He 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 vide Settlement Deed dated 02.09.2013 and that their marriage has already been dissolved by mutual consent by a decree of divorce dated 19.10.2015 granted by the Principal Judge, Family Court, Tis Hazari Courts, 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 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, S.I. Naresh Kumar. The complainant also admits that the matter has been amicably settled with the petitioner and she has no claim or grievance left against the petitioner. 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 dated 19.10.2015 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 dated 19.10.2015, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.352/2013, under Sections 498-A/420/494/506/34

IPC, registered at P.S. Uttam Nagar and all proceedings arising of the same are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J FEBRUARY 20, 2017/km