High Court of DelhiCRL.M.C./823/2017

Inderjeet & ANR. v. State & ANR.

2017-03-01Hon'Ble Mr. Justice I.S.Mehta3 pages

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 823/2017 INDERJEET & ANR.

..... Petitioners Through:

Mr.M.K.Tyagi, Advocate with the petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.03.2017 Crl.M.A.No.3489/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 823/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.518/2013, under Sections 498-A/406/34 IPC, registered at P.S. Rajouri Garden, New Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioner No.1 Inderjeet was the brother-in-law and the petitioner No.2 Smt. Sumitra was the mother-in-law of the respondent No.2. Counsel for the petitioners further submits that the husband of the respondent No.2/complainant has already expired on 14.10.2016. Counsel further submits that the marriage between the respondent No.2 and late Shri Pradeep Tank (deceased husband) was solemnized on 25.02.2012 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 and the same has been reduced into writing on 16.05.2016 and the marriage of the respondent No.2 with her deceased husband, late Pradeep Tank has already been dissolved by mutual consent by a decree of divorce dated 17.05.2016 passed by the Principal Judge, Family Court, Tis Hazari Courts, Delhi. Counsel further submits that the said settlement executed between the parties has been acted upon by the parties and the last instalment of Rs.50,000/- has already been paid by the petitioners to the respondent No.

2/complainant vide demand draft bearing No.664799 dated 01.03.2017 in favour of the respondent No.2 and 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 Smt. Meenakshi @ Poonam is present in Court today and has been identified by the Investigating Officer, SI Aditya, P.S. Rajouri Garden, New Delhi. The complainant admits that the matter has been amicably settled with the petitioners and the misunderstanding has been sorted out and the said settlement arrived at with the petitioners is voluntary and without any force, pressure or coercion. She further admits that the said settlement reached with the petitioners has been reduced down into writing on 16.05.2016 and the same has been acted upon between the parties and she has received all due amounts from the

petitioners and nothing remains due to be paid to her by the petitioners. She further submits that her marriage with her deceased husband, late Pradeep Tank has already been dissolved by mutual consent by a decree of divorce dated 17.05.2016 passed by the Principal Judge, Family Court, Tis Hazari Courts, Delhi and she has no objection, if the FIR in question is quashed. Looking into the above facts and circumstances of the case since the matter has been amicably settled between the parties and all the misunderstanding has been sorted out and the said settlement has been reduced down into writing on 16.05.2016 and the same has been acted upon and nothing further remains to be adjudicated between them and that the marriage of the respondent No.

2 with her deceased husband late Pradeep Tank has already been dissolved by mutual consent by a decree of divorce dated 17.05.2016, 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.518/2013, under Sections 498-A/406/34 IPC, registered at P.S. Rajouri Garden, 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'