Satyanarayan Verma & ORS. v. The State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1576/2017 SATYANARAYAN VERMA & ORS.

..... Petitioners Through:

Mr.Sachin Garg, Advocate with the petitioners in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State with SI Jasmer Singh, P.S. Jahangir Puri, Delhi.

Mr.Harish Kumar, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 20.04.2017 Crl.M.A.No.6406/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1576/2017 and Crl.M.A.No.640/2017 (stay) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.11/2012, under Sections 498-A/406/34 IPC, registered at Police Station Jahangirpuri, Delhi and all proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioners the petitioner No.1 Satya Narayan Verma got married with the respondent No.2 Smt.Monika on 30.06.2009. Counsel further submits that after the marriage

misunderstanding had arisen between the parties which resulted into the registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties voluntarily and without any force, pressure or coercion and the said settlement has been reduced into writing before the Mediation Centre, Rohini Courts, Delhi on 29.01.2016 and the same has been acted upon between the parties and the last instalment amounting to Rs.75,000/- has already been handed by the petitioners to the respondent No.2/complainant vide demand draft bearing No.623288 dated 31.03.2017 drawn on State Bank of India in favour of the respondent No.2/complainant and nothing remains to be due and payable 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 27.01.2017 and further submits that nothing further remains to be adjudicated, however, the FIR in question is coming as hurdle in the way of the present petitioners. He accordingly prays that the FIR in question and all proceedings arising therefrom may be quashed. Respondent No.2/complainant Smt. Monika is present in Court and has been identified by the IO SI Jasmer Singh and also represented by her counsel Mr.Harish Kumar, Advocate. The respondent No.2 present in person admits that she has amicably settled the matter with the petitioners and the same has been reduced into writing before the Mediation Centre, Rohini Courts, Delhi on 29.01.

2016 and she has received all due amounts from the petitioners in terms of the settlement and nothing further remains to be paid to her by the petitioners. She further admits that her marriage with the petitioner No.

27.01.2017 and further submits that she has no objection if the aforesaid FIR is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled between the parties which has been acted upon between the parties and reduced into writing before the Mediation Centre, Rohini Courts, Delhi on 29.01.2016 and that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 27.01.2017 and nothing further remains to be adjudicated between the parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.11/2012, under Sections 498-A/406/34 IPC, registered at Police Station Jahangirpuri, Delhi and all proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the terms of the settlement.

The present petition and the application are allowed and disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J APRIL 20, 2017 'dc'