Rajeev Gupta v. State NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1723/2017 RAJEEV GUPTA ..... Petitioner Through:

Ms.Aruna Mehta, Adv.

versus STATE NCT OF DELHI ..... Respondent Through:

Mr.Mukesh Kumar, APP for State SI Ombir Singh, PS-Nand Nagri Mr.K.K.Tyagi, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 29.05.2017 Crl. M.A. 9333/2017 in CRL.M.C. 1723/2017 This is an application seeking early hearing of the matter. For the reasons stated in the application and in view the submissions made by learned counsel for the petitioner, the application is allowed. The date already fixed stands cancelled.

CRL.M.C. 1723/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.398/2011, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at Police Station-Nand Nagri, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioner submits that the petitioner, Mr.Rajeev Gupta @ Raju Gupta got married with respondent No.2, Ms.Reena Gupta @ Anuradha on 18.11.2010 according to Hindu rites and customs. She 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 vide settlement deed dated 10.02.2016 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 20.05.2016 granted by the Principal Judge, Family Courts, Shahdara, Karkardooma Courts, Delhi. She 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. She 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.Reena Gupta @ Anuradha is present in Court today and has been identified by the Investigating Officer, SI Ombir Singh, PS-Nand Nagri, Delhi. The complainant also admits that the matter has been amicably settled with the petitioner and as per the terms of settlement, she has already received Rs.50,000/- (Rupees Fifty Thousand Only) from 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 by a decree of divorce 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, Mr.Rajeev Gupta @ Raju Gupta and respondent No.2, Ms.Reena Gupta @ Anuradha has already been dissolved by mutual consent by a decree of divorce dated 20.05.2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.398/2011, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at Police Station-Nand Nagri, Delhi and all proceedings arising of the same are hereby quashed. The present petition is allowed and disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti.

I.S.MEHTA, J MAY 29, 2017/sr