Sanjeev Arora v. State (Govt Of NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1202/2017 SANJEEV ARORA ..... Petitioner Through:

Ms.Sumita Kapil, Adv. with Ms.Pooja Swami, Mr.Hanumant Sakhuja and Mr.Akshay Verma, Advs.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through:

Mr.Izhar Ahmad, APP for State SI Pawan Kumar, PS-Maurya Enclave

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 23.03.2017 CRL.M.A.4903/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1202/2017 Learned counsel for the petitioner has submitted that she wants to add Ms.Usha Arora, mother-in-law of respondent No.2 as petitioner. Amended memo of parties filed by the petitioner be taken on record. This is a petition under Section 482 Cr.P.C. for quashing of FIR No.118/2013, under Sections 498-A/406/34 IPC, registered at Police Station-Maurya Enclave, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners submits that the petitioner Sh.Sanjeev Arora got married with respondent No.2, Ms.Anju Arora on 01.12.1995 according to Hindu rites and customs. 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 and joint statement of the parties was recorded on 31.01.2014. He further submits that their marriage has also been dissolved by mutual consent by a decree of divorce dated 16.02.2017 granted by the Principal Judge (North-West), Family Courts, Rohini, New 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 i.e. Sh.Sanjeev Arora and Smt.Usha Arora. 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 Arora is present in Court today and has been identified by the Investigating Officer, SI Pawan Kumar, PS-Maurya Enclave, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners. She submits that she has received due amount of Rs.1400/- by way of cheque No.000010 dated 23.03.2017 from the petitioners. She submits that nothing remains due against the petitioners and 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, Sh.Sanjeev Arora and respondent No.2, Ms.Anju Arora has already been dissolved by mutual consent by a decree of divorce dated 16.02.2017, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.118/2013, under Sections 498-A/406/34 IPC, registered at Police Station-Maurya Enclave, Delhi and all proceedings arising of the same are hereby quashed. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 23, 2017/radhika