Pawan Kumar & ANR v. The State & ANR
$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1965/2016 PAWAN KUMAR & ANR ..... Petitioner Through Mr R.K. Lamba, Adv. alongwith petitioners in person versus THE STATE & ANR ..... Respondent Through Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Shyam Sunder Police Station Sector-23, Dwarka, New Delhi Mr Mayank Sharma, Adv. for R2 alongwith R2 in person
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
O R D E R
% 20.05.2016 Crl. MA 8319/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.
Crl. MC 1965/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.199/2014 registered at Police Station Sector-23, Dwarka, Delhi under Ss.324/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.
It is submitted by counsel for the petitioners that the quarrel took place between the petitioners and the respondent no.2 in Village Shahbad Mohammadpur, New Delhi in which the respondent no.2 received injuries and she was admitted in DDU Hospital. The Investigating Officer recorded the statement of the respondent no.2 as a result of which instant FIR was lodged. The petitioner and the respondent no.2 (who was wife of the petitioner no.1) filed a petition under S. 13B of Hindu Marriage Act for dissolution of marriage by mutual consent before the Court of District and Sessions Judge, Family Court, Sonepat, Haryana. The joint statements of the petitioner no.1 and the respondent no.2 were recorded before the Family Court, Sonepat and their marriage was dissolved by mutual consent under S. 13B of the Hindu Marriage Act on 20.11.2015. Now the parties have arrived at a settlement to resolve all their disputes. It is further submitted that a sum of Rs.3 lacs have already been paid and a sum of Rs.50,000/- has been paid
today in the Court by way of demand draft to the complainant, copy of which has been placed on record. An affidavit of the respondent no.2 has also been placed on record. It is, therefore, prayed that the instant FIR be quashed.
The respondent No.2/complainant, who is present in person (duly identified by the Investigating Officer of the case) submits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, she does not want any action against the petitioners and has no objection to quashing of the instant FIR. Mr Ashok Kumar Garg, Additional Public Prosecutor for the State submits that in view of the settlement arrived at between the parties, he has no objection to quashing of FIR. Keeping in view the facts that the parties have compromised the matter with each other amicably, this matter deserves to be given a quietus as continuance of proceedings arising out of the FIR in question would be an exercise in futility and wastage of precious time of the Court. Accordingly, the petition is allowed and the FIR No.199/2014 registered at Police Station Sector-23, Dwarka, Delhi under Ss.324/34 IPC and consequent proceedings emanating therefrom are hereby quashed.
The petition stands disposed of accordingly.
A copy of this order be given dasti to counsel for the petitioners. SUNITA GUPTA, J MAY 20, 2016/rd