Surender Jain v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1024/2017 SURENDER JAIN ..... Petitioner Through:

Ms. Kum Kum Jain, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State Ms.Vandana Rai, Adv. for R-2 ASI Brij Mohan & ASI Tulli Ram, P.S. Badar Pur

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 15.03.2017 Learned counsel for the petitioners submits that the petitioner be permitted to file amended memo of parties. The prayer is allowed. Amended memo of parties is taken on record.

This is a petition under Section 482 Cr.P.C. for quashing of FIR No.63/2014, under Sections 498A/406/506/34 IPC, registered at Police Station Badar Pur, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1 got married with the respondent No.2 on 15.12.2010 and out of the said wedlock one male child namely Dhruv Jain was born on 07.10.2011. He further submits that due to temperamental differences and misunderstanding arisen between them, the aforesaid FIR has been registered. 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 parties along with child Dhruv Jain are living together in the matrimonial home. 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 way of the present petitioners and respondent No.2 and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2 is present before the Court with her counsel and is identified by the Investigating Officer, A.S.I. Brij Mohan. I have enquired from her whether the matter has been settled with the petitioners amicably without fear and pressure. She has stated that the matter has been settled without any fear or pressure and she is living happily in the matrimonial home.

Since the matter has been settled between the parties and the complainant is residing with the petitioner No.1 in the matrimonial home happily, no useful purpose will be served to continue with the proceedings under Section 498A/406/506/34 IPC. In the interest of justice and to enable the parties to maintain their matrimonial relations, FIR No. 63/2014, under Sections 498A/406/506/34 IPC, registered at Police Station Badar Pur, Delhi and all the proceedings arising therefrom are quashed. The present petition is disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 15, 2017/km