High Court of DelhiCRL.M.C./3679/2014

Virender Kumar & ORS v. The State & ANR

2015-03-10Hon'Ble Mr. Justice Manmohan Singh2 pages

$-7* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3679/2014 VIRENDER KUMAR & ORS Petitioners Through Petitioners in person.

versus THE STATE & ANR Through Respondents Mr.Ravi Nayak, APP for the State along with SI Malti, PS Kalyanpuri, in person.

Mr.Prabhash Kr. Jha, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

ORDER

% 10.03.2015 The present petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing of FIR No.264/2004, under Sections 498-A1406/34 IPC, registered at P.S. Kalyan Pun, Delhi on the complaint of respondent No.2.

V Brief facts of the case are that respondent No.2 got married with petitioner No.1 on 291h April, 1994 according to Hindu rites and ceremonies. Two children were born out of this wedlock. As the disputes arose between them, on the basis of the complaint made by respondent No.2, the aforesaid FIR was registered against the petitioners on 291h January, 1996. During the pendency of the proceedings, the petitioner No.! and respondent No.2 have settled their disputes amicably. The said settlement was arrived at between By:AMULYA

I 1J\ them before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 23rd May, 2012. Copy of the mediation report is placed on the record. The said settlement has been acted upon between the parties. They have also obtained divorce decree by mutual consent on the basis of the settlement. Copies of the judgment and decree dated 2 VJanuary, 2015 passed in HMA No.2226/2014 are produced. The same are taken on the record. All the petitioners except petitioner No.5 Nannu Lal are present in Court. Their identification proofs have been placed on the record. Petitioner No.5 is stated to have expired. Respondent No.2 is also present in Court who is duly identified by her counsel. She has confirmed the settlement as well as receiving of the entire amount from petitioner No.! in terms thereof.

She has no objection if the prayer made in the petition is allowed. She has also filed her affidavit in this regard which is placed on the record. In view of the averments made in the petition as well as the settlement arrived at between the parties, the FIR No.264/2004, under Sections 498A/406/34 IPC, registered at P.S. Kalyan Pun, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners. The petition is accordingly disposed of.

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