Nem Singh & ORS v. The State Govt Of NCT Of Delhi & ANR
$~45 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1719/2017 NEM SINGH & ORS ..... Petitioners Through:
Mr.Amit Raghav and Mr.Harsh Dixit, Advocates with the petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:
Mr.Raghwinder Varma, APP for State with SI Yogendra Kumar, P.S. Burari, Delhi.
Mr.Jatin Rajput, Advocate for R-2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 01.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.293/2013, under Sections 498-A/406/34 IPC, registered at Police Station Burari, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1 got married with respondent No.2 Smt. Mithilesh on 31.05.2010 as per Hindu rites and customs. Counsel further submits that after the marriage, disputes and differences arose between the parties which resulted into registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the dispute has been amicably settled between the parties and the same has been
reduced into writing vide compromise deed dated 01.04.2015 before the Principal Judge, Family Court, Tis Hazari Courts, Delhi. Counsel further submits that the said settlement has been acted upon between the parties and the marriage of the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 15.10.2015 passed by the Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi. 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 present FIR is coming as hurdle in the peaceful life of the parties and prays that the FIR in question and all subsequent proceedings may be quashed.
The respondent No.2/complainant, Smt.Mithilesh is present in Court today and has been identified by the Investigating Officer, SI Yogendra Kumar, P.S. Burari, Delhi and is also represented by her counsel Mr.Jatin Rajput, Advocate. The respondent No.2/complainant present in person admits that the matter has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and the same has been reduced into writing vide compromise deed dated 01.04.2015 before the Principal Judge, Family Court, Tis Hazari Courts, Delhi. She further admits that the said settlement has been acted upon between the parties and marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 15.10.2015 passed by the Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi and nothing further remains to be adjudicated between the parties and she has no objection if the aforesaid FIR is quashed.
Looking into the aforesaid facts and circumstances, since the matter
has been amicably settled between the parties voluntarily and without any force, pressure or coercion and the same has been reduced into writing vide compromise deed dated 01.04.2015 before the Principal Judge, Family Court, Tis Hazari Courts, Delhi and the same has been acted upon between the parties and nothing remains to be adjudicated further between them and the marriage of the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 15.10.2015 passed by the Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi, to have peace in the life of the respective families, I deem it appropriate to quash the FIR and all subsequent proceedings. Consequently, the FIR No.293/2013, under Sections 498-A/406/34 IPC, registered at Police Station Burari, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the settlement. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J MAY 01, 2017 'dc'