Ashwani Kumar Verman & ORS v. State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 846/2017 ASHWANI KUMAR VERMAN & ORS ..... Petitioners Through:

Mr.Sanjay Kumar, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State ASI Mohar Singh, P.S. Bhalswa Dairy R-2 in person

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 16.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.252/2014, under Sections 498-A/406/34 IPC, registered at Police Station Bhalswa Dairy, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1 got married with the respondent No.2 on 07.07.2007 according to Hindu rites and ceremonies. Counsel further submits that after the marriage misunderstanding has arisen between the parties, which resulted into registration of the said FIR. 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 vide Settlement dated 11.08.2015. He further submits

that the marriage between the parties has already been dissolved by mutual consent by a decree of divorce dated 14.09.2016 granted by the Principal Judge, Family Courts, Rohini (North), Delhi. He further submits that as per the terms of settlement, all the due payment has been made to the respondent No.2 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 petitioners. He further submits that the petitioner No.1 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, ASI Mohar Singh. The complainant also admits that the matter has been amicably settled with the petitioners. She further submits that she has received all the due amount as per the terms of settlement.

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, it is in their interest to lead their independent and peaceful life in future. Consequently, the FIR No.252/2014, under Sections 498-A/406/34 IPC, registered at Police Station Bhalswa Dairy, Delhi and all proceedings emanating therefrom are hereby

quashed.

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

I.S.MEHTA, J MAY 16, 2017/km