Deepak & ORS. v. State (G.N.C.T. Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 831/2017 DEEPAK & ORS.

..... Petitioners Through:

Mr.Man Mohan Goel, Advocate with the petitioners in person.

versus STATE (G.N.C.T. OF DELHI) & ANR.

..... Respondents Through:

Mr.Panna Lal Sharma, APP for State with ASI Rawat Singh, P.S. Khyala, Delhi.

Ms.Divya Attri, Advocate for Respondent No. 2 with Respondent No. 2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 19.07.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.1016/2014, under Sections 498-A/406/34 IPC, registered at Police Station Khyala, Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the petitioner No.1 got married to respondent No.2 on 23.02.2012 as per Hindu rites and customs. Counsel further submits that after the marriage, a misunderstanding had arisen which resulted into registration of the above FIR against the petitioners. Counsel further submits that after the registration of FIR, the near relatives and friends intervened and the matter in dispute has been

amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 30th May, 2015. Counsel further submits that the terms of the said settlement have been acted upon between the parties and all due amounts as per settlement have been paid by the petitioners to the respondent No.2 and the last instalment amounting to Rs.2 lacs has also been paid to her vide demand draft bearing No.098443 drawn in her favour and nothing further remains to be paid to her. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 30th May, 2015 passed by the Principal Judge, Family Courts, Tis Hazari Courts, Delhi.

Counsel further submits that since the matter has been amicably settled and nothing further remains to be adjudicated, however, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the FIR and all subsequent proceedings arising of the same may be quashed. The respondent No.2 is present in Court today and has been identified by the IO ASI Rawat Singh and also represented by her counsel Ms.Divya Attri, Advocate. The respondent No.2 present in person admits the factum of amicable settlement with the petitioners and dissolution of her marriage with the petitioner No.1 vide judgment and decree dated 30th May, 2015 passed by the Principal Judge, Family Courts, Tis Hazari Courts, Delhi.

She further submits that she has received all due amounts from the petitioners as per settlement and has no objection if the FIR in question is quashed.

vide settlement deed dated 30th May, 2015 and the terms of the said settlement have been acted upon between the parties and all due amounts as per settlement have been paid by the petitioners to the respondent No.2 and the last instalment amounting to Rs.2 lacs has also been paid to her vide demand draft bearing No.098443 and the marriage between the petitioner No.1 and the respondent No.2 has already been dissovled vide judgment and decree dated 30th May, 2015 passed by the Principal Judge, Family Courts, Tis Hazari Courts, Delhi and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom.

Consequently, FIR No.1016/2014, under Sections 498-A/406/34 IPC, registered at Police Station Khyala, 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 to the parties, as prayed. I.S.MEHTA, J JULY 19, 2017 'dc'