Jatin Bakshi & ORS v. Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 744/2017 JATIN BAKSHI & ORS ..... Petitioners Through Mr.A.N. Shukla, Adv.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr.Izhar Ahmad, APP for State ASI Satpal, P.S. Rajouri Garden Mr.Hitesh Kr., Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 21.02.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.565/2015, under Sections 498-A/406/34 IPC, registered at P.S. Rajouri Garden.

Learned counsel for the petitioners submits that the marriage between the petitioner No.1 and the respondent No.2/complainant was solemnized on 08.12.2010.

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 01.04.2016 and that their marriage has already been dissolved by mutual consent by a decree of divorce dated 17.12.2016 granted by the Principal Judge, Family Court, Tis Hazari Courts, Delhi. He further submits that as per the terms of settlement, the last amount due to be paid to the respondent

No.2 is Rs.2,10,000/- and the same has already been paid by way of demand draft bearing No.271808, amounting to Rs.2,10,000/-, drawn on Punjab National Bank. 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 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, A.S.I. Satpal.

The complainant also admits that the matter has been amicably settled with the petitioner and she has no claim or grievance left against the petitioners. She further submits that as per the terms of settlement she has received last instalment of Rs.2,10,000/- by way of aforementioned demand draft. 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 17.12.2016 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 17.12.2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No. 565/2015, under Sections 498-A/406/34 IPC, registered at P.S.

hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J FEBRUARY 21, 2017/km