Rakesh @ Tikku & ORS v. State Of NCT Of Delhi & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 924/2017 RAKESH @ TIKKU & ORS ..... Petitioners Through:
Mr.Manoj Kumar Sharma, Advocate with the petitioners in person.
versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:
Mr.Raghwinder Varma, APP for State with W/SI Santosh, P.S. Kalyan Puri, Delhi.
R-2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 07.03.2017 Crl.M.A.No.3874/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 924/2017 and Crl.M.A.No.3875/2017 (stay) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.1114/2014, under Sections 498A/406/34 IPC, registered at Police Station Kalyanpuri, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1 Rakesh is the husband, petitioner No.2 Vidhya Sagar is the father-in-law, petitioner No.3 Smt. Anar Devi is the mother-in-law, petitioner No.4,
petitioner No.5 and petitioner No.6 are the brothers-in-law and the petitioners 7 to 10 are the sisters-in-law of the respondent No.2. Counsel for the petitioners further submitted that the marriage between the petitioner No.1 and the respondent No.2 was solemnized on 19.02.2007 and out of the said wedlock, three children, namely Nitin, Dimple and Yogita were born. Counsel further submits that after the marriage due to temperamental differences, misunderstanding had arisen between them, resulting into the registration of the aforesaid FIR. He also submits that after the registration of FIR, the near relatives and close friends intervened and the matter has been amicably settled and the same has been reduced into writing vide settlement deed dated 28.02.2017 and in terms of the said settlement the respondent No.
2 along with her three minor children has joined her matrimonial home and now living with her husband (petitioner No.1) as husband and wife happily and peacefully. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further. He also submits that the FIR in question is coming as hurdle in the peaceful life of the petitioners and respondent No.2 and prays that the FIR in question and all proceedings arising therefrom may be quashed.
The respondent No.2 /complainant is present before the Court with her counsel and is identified by the Investigating Officer, W/ SI. Santosh, P.S. Kalyanpuri, Delhi. The respondent No.2/complainant admits that the matter has been amicably settled between the parties and the same has been reduced into writing vide settlement deed dated 28.02.2017 and the said settlement is voluntary and without any force, pressure or coercion. She further submits that now she is living together with her husband (petitioner
No1 herein) along with her three minor children happily and peacefully and she is left with no claim or grievance against the petitioners and nothing remains to be adjudicated further between them and 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 and the same has been reduced into writing vide settlement deed dated 28.02.2017 and in terms of the said settlement, the respondent No.2/complainant is residing with the petitioners in the matrimonial home happily and peacefully, no useful purpose will be served to continue with the proceedings against the petitioners. Consequently, in the interest of justice to have peace in the life of the parties and to enable the parties to maintain their matrimonial relations, FIR No.1114/2014, under Sections 498A/406/34 IPC, registered at Police Station Kalyanpuri, Delhi and all the proceedings emanating therefrom are quashed.
The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MARCH 07, 2017 'dc'