Deepak Kumar & ORS v. State & ANR
$~40 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1762/2017 DEEPAK KUMAR & ORS ..... Petitioners Through:
Mr.Manish Kumar, Advocate with the petitioners in person.
versus STATE & ANR ..... Respondents Through:
Mr.Kamal Kr. Ghei, APP for State with SI Chaman Devi, P.S.
Mandawali, Delhi.
R-2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 02.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.302/2012, under Sections 498-A/406/34 IPC, registered at Police Station Mandawali Fazalpur, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1 got married with respondent No.2 Smt. Santosh @ Mamta on 07.12.2009 as per Hindu rites and customs and out of the said wedlock, two children, namely, Disha and Divanshu were born. Counsel further submits that after the marriage, disputes and differences arose between the parties which resulted into registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and
the misunderstanding has been sorted out and the dispute has been amicably settled between the parties voluntarily and without any force, pressure or coercion. Counsel further submits that the said settlement has been acted upon between the parties and in terms of the said settlement the respondent No.2 has joined her matrimonial home and now she along with her two minor children is living together with her husband (petitioner No.1 herein) happily and peacefully and she has no complaint or grievance left against the petitioners. Counsel further submits that since the matter has been amicably settled between the parties and the respondent No.2 has joined her matrimonial home and living together with her husband and two minor children and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the parties and prays that the FIR in question and all subsequent proceedings may be quashed.
The respondent No.2/complainant, Smt.Poonam is present in Court today and has been identified by the Investigating Officer, SI Chaman Devi, P.S. Mandawali Fazalpur, Delhi. The respondent No.2/complainant present in person admits that the matter has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and the same has been acted upon between the parties and nothing remains to be adjudicated further between them. She further admits that as per the settlement, she along with her two minor children has joined her matrimonial home and living together with her husband happily and peacefully and she is left with no grudge or grievance against the petitioners and she has no objection if the aforesaid FIR is quashed. Looking into the aforesaid facts and circumstances, since the matter
has been amicably settled between the parties voluntarily and without any force, pressure or coercion and the same has been acted upon between the parties and nothing remains to be adjudicated further between them and as per the settlement the respondent No.2 along with her two minor children has joined her matrimonial home and living together with her husband happily and peacefully and she is left with no grudge or grievance against the petitioners, to have peace in the life of the respective families, I deem it appropriate to quash the FIR and all subsequent proceedings. Consequently, the FIR No.302/2012, under Sections 498-A/406/34 IPC, registered at Police Station Mandawali Fazalpur, Delhi and all the proceedings emanating therefrom are hereby quashed.
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 MAY 02, 2017 'dc'