Dhirendra Singh & ORS v. State Govt Of NCT Of Delhi & ANR
$~15 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2380/2017 DHIRENDRA SINGH & ORS ..... Petitioners Through:
Mr.Dinesh Sharma, Adv. with Mr.Rakesh Sharma, Adv.
versus STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:
Mr.Raghuvinder Varma, APP for State with SI Mahesh Singh, PSPandav Nagar Mr.Avijit Mukul Sharma, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 31.05.2017 CRL.M.A.9649/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 2380/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.204/2004, under Sections 498-A/406/34 IPC, registered at Police Station-Pandav Nagar, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1, Mr.Dhirendra Singh got married with respondent No.2, Ms.Suman Maan on 25.02.1994 according to Hindu rites and customs and out of the said wedlock one girl child namely Nancy Singh was born, who is a major now
and as per the settlement is residing with her mother, i.e. respondent No.2. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences in the Mediation Centre, Karkardooma Courts, Delhi vide compromise deed dated 15.12.2015 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 23.11.2016 granted by the Principal Judge, District East, Family Court, Vishwas Nagar, Delhi.
He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners 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, Ms.Suman Maan is present in Court today and has been identified by the Investigating Officer, SI Mahesh Singh, PS-Pandav Nagar, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and as per the terms of settlement, she has received last instalment of Rs.
17,50,000/- (Rupees Seventeen Lakhs Fifty Thousand Only) by way of three bank drafts No. 011561 dated 01.05.2017, 011551 dated 29.04.2017 and 011552 dated 29.04.2017 all drawn on HDFC Bank. She further submits that she has no claim or grievance left against the petitioners.
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, Mr.Dhirendra Singh and respondent No.2, Ms.Suman Maan has already been dissolved by mutual consent by a decree of divorce dated 23.11.2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.204/2004, under Sections 498-A/406/34 IPC, registered at Police Station-Pandav Nagar, Delhi and all proceedings arising of the same are hereby quashed. The present petition is allowed and disposed of accordingly. Parties to remain bound by the terms of settlement dated 15.12.2015. Copy of this order be given dasti.
I.S.MEHTA, J MAY 31, 2017/sr