Sanjay Kain & ORS v. State & ANR

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1915/2017 SANJAY KAIN & ORS ..... Petitioners Through Mr.Raghav Kapoor, Adv.

versus STATE & ANR ..... Respondents Through Mr.Izhar Ahmad, APP for State W/SI Shivali, P.S. Bharat Nagar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 12.05.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.0569/2016, under Sections 498A/406/34 IPC, registered at P.S. Bharat Nagar and all the proceedings emanating therefrom. It is submitted by learned counsel for the petitioners that the petitioner No.1 got married with the respondent No.2 on 16.02.2010 according to Hindu rites and customs and out of the said wedlock one child namely Sneha was born on 19.12.2012. Counsel further submits that after the marriage misunderstanding has arisen between the parties, which resulted into registration of the said FIR. He further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties which has been reduced into writing vide Compromise Deed dated 13.04.2017. Counsel further submits that the wife i.e. respondent No.2 has joined the matrimonial home and there is no dispute between the husband and the wife. Counsel further submits that since the matter has been amicably

settled and nothing further remains to be adjudicated between them, the FIR in question, which is coming as a hurdle in the peaceful life and matrimonial relations of the petitioners, may be quashed. The respondent No.2/complainant is present in person and has been identified by the Investigating Officer S.I Shivali and admits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. She further submits that she has already joined the matrimonial home and living peacefully in the matrimonial home happily. She also submits that she has no objection, if the FIR in question is quashed.

Since the matter has been settled between the parties and the complainant is residing with petitioner No.1 in the matrimonial home happily, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to maintain their matrimonial relations, the FIR No.0569/2016, under Sections 498A/406/34 IPC, registered at P.S. Bharat Nagar and all the proceedings arising therefrom are quashed.

Parties to remain bound by the terms of Compromise Deed dated 13.04.2017.

The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 12, 2017/km