Umedh Singh v. The State & ANR.

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 764/2017 UMEDH SINGH ..... Petitioner Through:

Mr.Shaad Anwar, Advocate with the petitioner in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State with Insp. Rajeev Yadav, P.S. Inder Puri, Delhi.

Mr.V.A.Farooqui, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 23.02.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.11/2008, under Sections 498-A/406/34 IPC, registered at P.S. Inder Puri, Delhi.

Learned counsel for the petitioners submits that the marriage between the petitioner and the respondent No.2/complainant was solemnized on 25.09.2006 at Delhi 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 which has been reduced into writing on 01.12.2016 and that their marriage has already been dissolved by mutual consent by a decree of divorce dated 01.12.2016 passed by the Addl. Principal Judge, Family Court

(West), 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 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, Inspector Rajeev Yadav, P.S. Inder Puri, Delhi. The complainant admits that the matter has been amicably settled with the petitioner and the said settlement has been reduced into writing on 01.12.2016 and the same has been acted upon by the parties. She further admits that she has received all due amounts from the petitioner and nothing remains to be due and paid to her by the petitioner. She further submits that the settlement/compromise has taken place voluntarily and 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 01.12.2016 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 which has been reduced into writing on 01.12.2016 and the same has been acted upon between the parties and nothing further remains to be adjudicated between them and that the marriage between the petitioner and respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 01.12.2016, 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.11/2008, under Sections 498-A/406/34 IPC, registered at P.S. Inder Puri, Delhi and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J FEBRUARY 23, 2017 'dc'