Ravinder Mata Prasad Sharma v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1624/2017 RAVINDER MATA PRASAD SHARMA ..... Petitioner Through:

Mr.Rupesh Kr. Sinha, Adv. with Mr.Trilochan Prakash Ravi, Adv.

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

Mr.Izhar Ahmad, APP for State ASI Devender, PS-Dabri Mr.R.N.Mishra, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.04.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.26/2003, under Sections 498-A/406 IPC, registered at Police StationDabri, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that petitioner, Mr.Ravinder Mata Prasad Sharma got married with respondent No.2, Ms.Snehlata on 30.11.2001 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 before the High Court of Judicature at Bombay in Family Court Appeal No.208/2007 on 25th October, 2016 and their marriage has also been dissolved by mutual consent under

Section 13-B of the Hindu Marriage Act, 1955. 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 petitioner. He further submits that the petitioner 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.Snehlata is present in Court today and has been identified by the Investigating Officer, ASI Devender, PS-Dabri, Delhi. The complainant also admits that the matter has been amicably settled with the petitioner and nothing remains due against the petitioner. She further submits that she has no claim or grievance left against the petitioner. 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 under Section 13-B of the Hindu Marriage Act, 1955 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.Ravinder Mata Prasad Sharma and respondent No.2, Ms.Snehlata has already been dissolved by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.26/2003, under Sections 498-A/406 IPC, registered at Police Station-Dabri, 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 APRIL 24, 2017/radhika