Monika Dalal v. State NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1522/2017 MONIKA DALAL ..... Petitioner Through:

Mr.Ankur Singhal, Advocate with the petitioner in person.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Kamal K.Ghei, APP for State with SI Ashok, P.S. Amar Colony, New Delhi.

Mr.Mayank Mehandru, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.04.2017 Crl.M.A.No.6200/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1522/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.823/2014, under section 406/380 IPC, registered at Police Station Amar Colony, New Delhi and all proceedings emanating therefrom. Counsel for the petitioner submits that the petitioner Monika Dalal got married with the respondent No.2 Subodh Dalal on 13.02.2005 according to Hindu rites and ceremonies at Noida. Counsel for the petitioner further

submits that after the marriage due to temperamental differences, misunderstanding had arisen which resulted into 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 and the same has been reduced into writing vide Memorandum of Understanding dated 18.12.2015. 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 FIR in question is coming as hurdle in the way of the present petitioner. He accordingly prays that the FIR in question and all proceedings arising therefrom may be quashed.

Respondent No.2 present in Court today and is represented through counsel Mr.Mayank Mahendru, Advocate. The respondent Nos.2 present in person admits that he has amicably settled the matter with the petitioner voluntarily and without any force, pressure or coercion. He further admits that the said settlement has been reduced into writing vide Memorandum of Understanding dated 18.12.2015 and nothing further remains to be adjudicated between them. He further submits that he has no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties which has been reduced into writing vide MoU dated 18.12.2015 and nothing remains to be adjudicated further between them, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.823/2014, under section 406/380 IPC, registered at Police Station Amar Colony, New Delhi and all proceedings emanating therefrom are hereby quashed. Parties shall remain

bound by the terms of the MoU dated 18.12.2015. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J APRIL 18, 2017 'dc'