Ravi Prakash @ Ravi v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1976/2017 RAVI PRAKASH @ RAVI ..... Petitioner Through:

Mr.Ashok Kumar, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State ASI Malkhan Singh, P.S. Sarita Vihar Ms.Promila, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.886/2014, under Sections 498-A/406/34 IPC, registered at Police Station- Sarita Vihar and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1 got married with respondent No.2 on 06.05.2013. He further submits that subsequently misunderstanding has arisen between the parties, which resulted into registration of the aforementioned FIR. He further submits that consequently with the help of near relatives and close friends, they have amicably settled all their disputes, which has been reduced into writing vide Memo of Understanding dated 06.05.2015. He also submits that their marriage has also been dissolved by mutual consent by a decree of divorce dated 24.11.2016 granted by the Principal Judge, Family Court, South-East, Saket. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further. He also submits that the FIR in question is coming as hurdle in the way of the

present petitioners. He further submits that the petitioner No.1 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 is present in Court today and has been identified by the Investigating Officer, ASI Malkhan Singh. 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 all dues from the petitioners. She further submits that she has no claim or grievance left against the petitioners. 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 No.1 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 24.11.2016, it is in their interest to lead their independent and peaceful life in future. Consequently, the FIR No. 886/2014, under Sections 498-A/406/34 IPC, registered at Police Station- Sarita Vihar and all proceedings arising out of the same are hereb y quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MAY 30, 2017/km