Pramod Kumar & ORS v. The State & Another

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3507/2017 PRAMOD KUMAR & ORS ..... Petitioners Through:

Mr.Sudhir Kumar Ojha and Mr.Mukesh Kumar Mishra, Advocates with the petitioners in person.

versus THE STATE & ANOTHER ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with ASI Pramod Kumar, CAW Cell/East Distt., Delhi.

Mr.Lokesh Verma and Mr.Amarjeet Singh, Advocates for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.09.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.129/2013, under Sections 498-A/406/34 IPC, registered at Police Station Mandawali, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that the petitioner No.1 Pramod Kumar got married with respondent No.2, Veena on 03.12.2007 according to Hindu rites and customs. He further submits that after the marriage a misunderstanding has arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the matter in dispute has been amicably

settled between the parties and the same has been reduced into writing before the Mediation Centre, Karkardooma Courts, Delhi on 03.02.2015. Counsel further submits that the said settlement entered into between the parties is voluntary and without any force, pressure or coercion and the same has been acted upon between the parties and all due amounts as per the settlement have been paid by the petitioners to the respondent No.2 and the last instalment amounting to Rs.1,10,000/- has also been paid to her vide demand draft bearing No.477866 drawn on Punjab National Bank, Madhuban Branch, Delhi and nothing further remains to be paid to her. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 17.12.

2016 passed by the Principal Judge, Family Court, Karkardooma Courts, Shahdara, Delhi and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the petitioners and submits that the FIR and all subsequent proceedings arising therefrom may be quashed. The respondent No.2/complainant, Veena is present in Court today and has been identified by ASI Pramod Kumar, P.S. CAW Cell, East District and also represented by her counsel.

The respondent No.2/complainant admits the factum of amicable settlement with the petitioners and execution of settlement agreement before the Mediation Centre, Karkardooma Courts, Delhi on 03.02.2015. She further admits that in terms of said settlement she has received all due amounts from the petitioners and nothing further remains to be paid to her. She further admits that her marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 17.12.2016 passed by the Principal Judge,

Family Court, Karkardooma Courts, Shahdara, Delhi and nothing further remains to be adjudicated between them and she has no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the matter in dispute has been amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Karkardooma District Court, Delhi on 03.02.2015 and the same has been acted upon between the parties and all due amounts as per the settlement have been paid by the petitioners to the respondent No.2 and nothing further remains to be paid to her and the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 17.12.

2016 passed by the Principal Judge, Family Court , Karkardooma Courts, Delhi and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising therefrom. Consequently, FIR No.129/2013, under Sections 498-A/406/34 IPC, registered at Police Station Mandawali, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the settlement agreement dated 03.02.2015.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J SEPTEMBER 07, 2017 'dc'