Saurabh Mittal v. State & ANR
$~40 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1710/2017 & CRL.M.A.6945/2017 SAURABH MITTAL ..... Petitioner Through:
Mr.Sunil Mittal, Sr. Adv. with Mr.Dhruv Grover, Adv.
versus STATE & ANR ..... Respondents Through:
Mr.Izhar Ahmad, APP for State S.I. Sandeep Sharma, P.S. Vasant Kunj Mr.D.S. Vohra, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 28.04.2017 CRL.M.A. 6945/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.
CRL.M.C. 1710/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.845/2007, under Sections 498-A/406/34 IPC, registered at Police Station Vasant Kunj and all the proceedings emanating therefrom. Learned Senior Counsel for the petitioner submits that the petitioner got married with the respondent No.2 on 31.07.2003 according to Hindu rites and ceremonies. He further submits that no child was born from the said wedlock. He also 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 said FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing before the Counselling Cell, Tis Hazari Courts, Delhi on 20.10.2015. He further submits that the marriage between the parties has already been dissolved by mutual consent by a decree of divorce dated 15.03.2017 granted by the Principal Judge, Family Courts, South, Saket, New Delhi. He further submits that as per the terms of settlement, the last amount due to be paid to the respondent No.2 is Rs.15,00,000/- and the same has been paid today by way of demand draft bearing No.035141, amounting to Rs.15,00,000/-, dated 27.04.2017, drawn on Yes Bank Ltd. and that 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 petitioner. He further submits that the petitioner 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, S.I. Sandeep Sharma. The complainant also admits that the matter has been amicably settled with the petitioner. She further submits that as per the terms of settlement she has received last instalment of Rs.15,00,000/- by way of aforementioned demand draft. 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 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce, it is in their interest to lead their independent and peaceful life in future. Consequently, the FIR No.845/2007, under Sections 498-A/406/34 IPC, registered at Police Station Vasant Kunj and all proceedings emanating therefrom are hereby quashed. The present petition is disposed of accordingly. Copy of this order be given dasti.
I.S.MEHTA, J APRIL 28, 2017/km