Shiva Chaudhary @ Surya & ANR v. State & ANR

$~58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1749/2017 SHIVA CHAUDHARY @ SURYA & ANR ..... Petitioners Through:

Mr.Faisal Naseem, Adv. with Mr.Jitender Chaudhary, Adv.

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

Mr.Raghuvinder Varma, APP for State Mr.Amardeep S, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.05.2017 CRL.M.A.7127/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1749/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.246/2016, under Sections 354/509/34 IPC, registered at Police Station-Okhla Industrial Area, Delhi and all the proceedings emanating therefrom.

Counsel for the petitioner has submitted that initially the complainant got registered the aforesaid 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 and the respondent No.2 agreed to marry petitioner No.1. He further submits that the marriage between the petitioner No.1 and the respondent No.2/complainant was solemnized on 07.05.2016 according to Hindu rites and customs. Counsel further submits that the respondent No.2 is living with the petitioner No.1 and they are leading a happy and peaceful married life. Counsel further submits that the

matter has been amicably resolved between the parties nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of both the parties and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Mrs.Kavita is present in Court today and has been identified by the Investigating Officer, ASI Virender. The complainant admits that the matter has been amicably settled with the petitioners and she is living happily and peacefully with her husband without any kind of complaint or grievance.

She further submits that the said settlement arrived at with the petitioners is voluntary and without any force, pressure or coercion and she does not want any further action qua against the petitioners and 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 the respondent No.2 has joined her matrimonial home and now living with the petitioner No.1 happily and peacefully and nothing further remains to be adjudicated between them, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same. Consequently, FIR No.

246/2016, under Sections 354/509/34 IPC, registered at Police StationOkhla Industrial Area, Delhi and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 01, 2017/radhika