Happy Anand@Prabhjot Singh & ANR v. State & ANR

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2548/2013 HAPPY ANAND@PRABHJOT SINGH & ANR ..... Petitioners Through:

Mr.A.C.Bhasin, Adv. with Mr.Amit Bhasin, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State Mr.Anil Dagar, Adv. for R-2.

Enrolment No.D-2671/99

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 22.03.2017 CRL.M.A.4884/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.A.4883/2017 in CRL.M.C. 2548/2013 This is an application under Section 482 Cr.P.C filed on behalf of the petitioners praying for disposal of the present petition on the ground of settlement/compromise between the parties.

Learned counsel for the petitioner submits that the petitioner No.1, Mr.Happy Anand @ Prabhjot Singh got married with respondent No.2, Ms.Anju @ Dolly Anand on 13.10.1995 according to Hindu rites and customs and out of the said wedlock one daughter namely Deepali Kaur was

born. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences in Mediation Centre, Rohini District Courts, Delhi on 02.02.2017 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 22.05.1999 granted by Additional District Judge, Delhi. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners and the respondent No.

2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Ms.Anju @ Dolly Anand is present in Court today with her daughter Deepali and are represented through counsel Mr.Anil Dagar, Advocate, Enrolment No.D-2671/99. The complainant also admits that the matter has been amicably settled with the petitioners. She further submits that she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion.

She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and she has no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the

marriage between the petitioner No. 1, Mr.Happy Anand @ Prabhjot Singh and respondent No.2, Ms.Anju @ Dolly Anand has already been dissolved by mutual consent by a decree of divorce dated 22.05.1999, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.287/1996, under Sections 498-A/406/34 IPC, registered at Police Station-Sarai Rohilla, Delhi and all proceedings arising of the same are hereby quashed.

The present petition is allowed and disposed of accordingly. All pending application(s) (if any) also stand disposed of. Parties to remain bound by the terms of settlement deed dated 02.02.2017.

Copy of this order be given dasti.

I.S.MEHTA, J MARCH 22, 2017/radhika