Vishambar Jha & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1079/2017 VISHAMBAR JHA & ORS ..... Petitioner Through:

Mr.Saurabh Kansal and Ms.Pallavi S.Kansal, Advocates with the petitioners in peson.

versus STATE & ORS ..... Respondents Through:

Mr.Izhar Ahmad, APP for State/R-1 with ASI Tej Ram, P.S. Najafgarh, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.495/2010, under Sections 498-A/406/34 IPC, registered at Police Station Najafgarh, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1 got married with respondent No.2 Smt. Poonam on 22.04.1996 as per Hindu rites and customs. Counsel further submits that after the marriage, disputes and differences arose between the parties which resulted into registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the dispute has been amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Dwarka Courts, Delhi on 22.07.2014.

Counsel further submits that the said settlement has been acted upon between the parties and in terms of the said settlement the respondent No.2 has joined her matrimonial home and now she is living together with her husband (petitioner No.1 herein) happily and peacefully and she has no complaint or grievance left against the petitioners. Counsel further submits that since the matter has been amicably settled between the parties and the respondent No.2 has joined her matrimonial home and living together with her husband and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the parties and prays that the FIR in question and all subsequent proceedings may be quashed.

The respondent No.2/complainant, Smt.Poonam is present in Court today and has been identified by the Investigating Officer, ASI Tej Ram, P.S. Najafgarj, Delhi. The respondent No.2/complainant present in person admits that the matter has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and the same has been reduced into writing before the Mediation Centre, Rohini Courts, Delhi vide settlement deed dated 22.07.2014 and the same has been acted upon between the parties and nothing remains to be adjudicated further between them. She further admits that as per the settlement, she has joined her matrimonial home and living together with her husband happily and peacefully and she is left with no grudge or grievance against the petitioners and she has no objection if the aforesaid FIR is quashed. Looking into the aforesaid facts and circumstances, since the matter has been amicably settled between the parties voluntarily and without any force, pressure or coercion and the same has been reduced into writing

before the Mediation Centre, Rohini Courts, Delhi vide settlement deed dated 22.07.2014 and the same has been acted upon between the parties and nothing remains to be adjudicated further between them and as per the settlement the respondent No.2 has joined her matrimonial home and living together with her husband happily and peacefully and she is left with no grudge or grievance against the petitioners, to have peace in the life of the respective families, I deem it appropriate to quash the FIR and all subsequent proceedings.

Consequently, the FIR No.495/2010, under Sections 498-A/406/34 IPC, registered at Police Station Najafgarh, Delhi and all the proceedings emanating therefrom are hereby quashed. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J MAY 01, 2017 'dc'