Goldy Arora & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 998/2017 GOLDY ARORA & ORS.

..... Petitioners Through:

Mr.Rajiv Bajaj and Mr.Paras Chawla, Advocates.

versus STATE & ANR.

..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Gajender Singh, P.S.

CWC, Nanakpura, New Delhi.

Mr.Rajeev Dhawan, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 10.03.2017 Crl.M.A.No.4166/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 998/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.151/2009, under Sections 498-A/406/34 IPC, registered at P.S. Crime (Women) Cell, Nanakpura, New Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioner No.1 Goldy Arora was the husband, petitioner No.2 Prem Kumar Arora was the father-in-law and petitioner No.3 Smt. Krishna Arora was the mother-in-law of the respondent No.2/complainant Smt. Hema Arora. Counsel for the petitioners further submits that the marriage between the petitioner No.1

Goldy Arora and the respondent No.2 Hema Arora was solemnized on 30.11.2007 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 and acted upon between the parties. Counsel further submits that the marriage of the petitioner No.1 and the respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 10.01.2017 passed by the Principal Judge, Family Court (West), Tis Hazari Courts, Delhi.

Counsel further submits that in terms of the said settlement all the payments have been made to the respondent No.2 and the last and balance instalment amounting to Rs.4 lakhs has also been paid to her vide demand drafts bearing No.998974 and 175036 in the sum of Rs.2 lakhs each 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 is present in Court today and has been identified by the Investigating Officer, SI Gajender Singh, P.S. CWC Nanakpura, New Delhi and also represented by her counsel.

The complainant admits that the matter has been amicably settled with the petitioners and the same has been reduced into writing 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 petitioners and nothing remains due to be paid to her by the petitioners. She further submits that her marriage with the petitioner No.1 has already been dissolved by mutual consent by a decree of divorce dated 10.01.2017 passed by the Principal Judge, Family Court (West), 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 and the same has been acted upon and nothing further remains to be adjudicated between them and that the marriage of the petitioner No.1 and the respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 10.01.2017, 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.151/2009, under Sections 498-A/406/34 IPC, registered at P.S. Crime (Women) Cell, Nanakpura, 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 10, 2017/'dc'