Satish Laskari v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 952/2017 SATISH LASKARI ..... Petitioner Through:

Mr.Jaideep Singh, Ms.Soniya Kapur and Mr.Pratham Sharma, Advocates with the petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr.G.M.Farooqui, APP for State with IO SI Manjeet, PS Govindpuri, New Delhi.

Mr. (appearance not given) for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 08.03.2017 CRL.M.A.3975/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 952/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioner for quashing of FIR No.361/2014, under Sections 498-A/406/34 IPC, registered at P.S. Govind Puri, New Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioner Satish Lakshari was the husband of the respondent No.2. Counsel for the petitioner further submits that the marriage between the petitioner and the respondent

No.2 was solemnized on 12.11.2005 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 21.01.2016 and the marriage of the petitioner and the respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 08.12.2016 passed by the Principal Judge, Family Court, Saket Courts, New 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.2,00,000/- has already been paid by the petitioner to the respondent No.2/complainant vide demand draft bearing No.

005340 dated 06.3.2017 drawn on HDFC Bank 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 petitioner and prays that 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, SI Manjeet, P.S. Govind Puri, New Delhi and also represented by her counsel. The complainant admits that the matter has been amicably settled with the petitioner and the same has been reduced into writing on 21.01.2016 before the Mediation Centre, Saket Courts, New Delhi and the misunderstanding has been sorted out and the said settlement arrived at with the petitioner is voluntary and without any force, pressure or coercion and the same has been acted upon between the

parties. She further submits that she has received all due amounts from the petitioner and nothing remains due to be paid to her by the petitioner. She further submits that her marriage with the petitioner has already been dissolved by mutual consent by a decree of divorce dated 08.12.2016 passed by the Principal Judge, Family Court, Saket Courts, New 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 21.01.2016 and the same has been acted upon and nothing further remains to be adjudicated between them and that the marriage of the petitioner and the respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 08.12.2016, 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.361/2014, under Sections 498-A/406/34 IPC, registered at P.S. Govind Puri, New Delhi and all subsequent proceedings arising therefrom are hereby quashed.

Parties shall remain bound by the terms of the said settlement and shall not violate the same in any manner whatsoever.

The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MARCH 08, 2017/'dc'