Siddarth Saxena & ORS v. Stated(Govt Of NCT Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1769/2017 SIDDARTH SAXENA & ORS ..... Petitioners Through:

Mr.Nitin Prakash, Advocate with the petitioners in person.

versus STATED(GOVT OF NCT DELHI) & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State with ASI Ombir, P.S. Dabri, Delhi.

Mr.Anil Dabas, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 02.05.2017 Crl.M.A.No.7223/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1769/2017 This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.75/2014, under Sections 498-A/506/34 IPC, registered at Police Station Dabri, 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. Deepika on 18.11.2010 as per Hindu

rites and customs. 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 dispute has been amicably settled between the parties and statement to this effect has been recorded before the Principal Judge, Family Court, South-West District, Dwarka Courts, New Delhi on 23.04.2016. Counsel further submits that the said settlement has been acted upon between the parties and the marriage of the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 04.11.2016 passed by the Principal Judge, Family Court, South-West District, Dwarka Courts, New Delhi.

Counsel further submits that since the matter has been amicably settled between the parties 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, Ms.Deepika is present in Court today and has been identified by the Investigating Officer, ASI Ombir Singh, P.S. Dabri, Delhi and is also represented by her counsel Mr.Anil Dabas, Advocate. 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 statement to this effect has been recorded before the Principal Judge, Family Court, SouthWest District, Dwarka Courts, New Delhi on 23.04.2016. Respondent No.2 present in person further admits that the said settlement has been acted upon between the parties and her marriage with the petitioner No.1 has already

been dissolved vide judgment and decree dated 04.11.2016 passed by the Principal Judge, Family Court, South-West District, Dwarka Courts, New Delhi and nothing further remains to be adjudicated between the parties 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 statement to this effect has been recorded before the Principal Judge, Family Court, South-West District, Dwarka Courts, New Delhi on 23.04.2016 and the settlement has been acted upon between the parties and the marriage of the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 04.11.

2016 passed by the Principal Judge, Family Court, South-West District, Dwarka Courts, New Delhi, 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.75/2014, under Sections 498-A/506/34 IPC, registered at Police Station Dabri, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the settlement.

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'