Ritesh Gupta & ORS. v. State & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 837/2017 RITESH GUPTA & ORS.
..... Petitioners Through:
Ms.Meera M.Gupta, Advocate with the petitioners in person.
versus STATE & ANR.
..... Respondents Through:
Mr.Kewal Singh Ahuja, APP for State with ASI Krishan Singh, P.S. Moti Nagar, New Delhi.
Mr.Rohit Dhingra, Advocate for R2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 01.03.2017 Crl.M.A.No.3543/2017 (Exemption) Exemption granted, subject to all just exceptions Application stands disposed of.
CRL.M.C. 837/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.552/2013, under Sections 498-A/406/34 IPC, registered at P.S. Moti Nagar, New Delhi and all subsequent proceedings arising therefrom.
Learned counsel for the petitioners submits that the petitioner No.1
Ritesh Gupta was the husband, petitioner No.2 Shri K.C.Chopra was the father-in-law, petitioner No.3 Smt. Padma Gupta was the mother-in-law, petitioner No.4. Shri Samit Gupta was the brother-in-law and the petitioners No.5 & 6, namely, Smt. Payal Gupta and Smt. Kangan Gupta were the sisters-in-law of the respondent No.2. Counsel for the petitioners further submits that the marriage between the petitioner No.1 and the respondent No.2/complainant was solemnized on 06.02.2004 at Jammu according to Hindu rites and ceremonies. Counsel further submits that after the marriage misunderstanding between the parties had 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 and the same has been reduced into writing on 04.11.2015 and the said settlement has been acted upon between the parties voluntarily and without any force, pressure or coercion. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 17.09.2016 passed by the Principal Judge, Family Court, Tis Hazari Courts, Delhi.
Counsel further submits that nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the present petitioners and prays that 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 Krishan Singh, P.S. Moti Nagar, New Delhi and is also represented by her counsel Mr.Rohit Dhingra, Advocate.
04.11.2015 and the said settlement arrived at with the petitioners is voluntary and without any force, pressure or coercion. She further admits that she has received all due amounts from the petitioners and nothing remains due and to be paid to her by the petitioners. She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce dated 17.09.2016 passed by the Principal Judge, Family Court, Tis Hazari Courts, Delhi 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 which has been reduced into writing on 04.11.2015 and nothing further remains to be adjudicated between them and that the marriage between the petitioner No.1 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 17.09.2016, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same. Consequently, FIR No.552/2013, under Sections 498-A/406/34 IPC, registered at P.S. Moti Nagar, New Delhi and all subsequent proceedings arising therefrom are hereby quashed.
The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MARCH 01, 2017 'dc'