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High Court of DelhiW.P.(CRL)/815/2017

Rohit Tanwar & ANR. v. State & ORS.

2017-08-11Hon'Ble Mr. Justice I.S.Mehta2 pages

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 815/2017 ROHIT TANWAR & ANR.

..... Petitioners Through:

Mr.Rahul Sood, Adv.

versus STATE & ORS.

..... Respondents Through:

Mr.Piyush Singhal, Adv. for Mr.Ashish Aggarwal, ASC for State SI Rajender, PS-Vikaspuri

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.08.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.433/2016, under Sections 323/506/509/34 IPC, registered at Police Station- Vikaspuri, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits the present matter pertains to matrimonial dispute. He further submits that the petitioner No.1 got married with respondent No.2 on 14.02.2014 according to Hindu rites and customs and 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 their marriage has also been dissolved by mutual consent by a decree of divorce dated 08.05.2017 granted by the Principal Judge, Family Courts, West, Tis Hazari Courts, 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. Order dated 23.05.2017 perused. A perusal of the order dated 23.05.2017 reflects that the respondent Nos.2, 3 and 4 had appeared in the Court and submitted that they have no objection if the petition is allowed and the FIR 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 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 08.05.2017, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.433/2016, under Sections 323/506/509/34 IPC, registered at Police Station- Vikaspuri, 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 AUGUST 11, 2017/sr