Kuldeep Rathore v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1741/2017 KULDEEP RATHORE ..... Petitioner Through:

Mr.Man Mohan, Advocate with the petitioner in person.

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

Mr.Hirein Sharma, APP for State with SI Inderveer Singh, P.S. Karawal Nagar, Delhi.

Mr.Rajeev Kumar, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 21.09.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner for quashing of FIR No.52/2010, under Sections 498-A/406/34 IPC and Sections 3 /4 of Dowry Prohibition Act registered at Police Station Karawal Nagar, Delhi and all proceedings arising therefrom. Learned counsel for the petitioner has submitted that the petitioner married to the respondent No.2 Seema on 17.04.2006 at Delhi as per Hindu rites and customs. Counsel further submits that after the marriage, a misunderstanding had arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioner. Counsel further submits that after the registration of the FIR, the near relatives and friends

intervened and the matter has been amicably settled between the parties before the Mediation Centre, Karkardooma Courts, Delhi and the same has been acted upon between the parties and the settled amount has been paid by the petitioner to the respondent No.2 and nothing further remains to be paid to her and the marriage between the petitioner and the respondent No.2 has already been dissolved vide judgment and decree dated 5th February, 2013 passed by the Addl. District Judge (North-East), Karkardooma Courts, Delhi in HMA No.148/13 and nothing further remains to be adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the petitioner and prays that the FIR in question may be quashed. The respondent No.2/complainant is present in Court who has been identified by the IO SI Inderveer Singh, P.S.

Karawal Nagar, Delhi and also represented by her counsel Mr.Rajiv Kumar, Advocate. The respondent No.2/complainant present in person admits the factum of amicable settlement with the petitioner before the Mediation Centre, Karkardooma Courts, Delhi and receiving of the settled amount from the petitioner and also dissolution of her marriage with the petitioner vide judgment and decree dated 5th February, 2013 passed by the Addl. District Judge (North-East), Karkardooma Courts, Delhi in HMA No.148/13 and nothing further remains to be adjudicated between them and she has no objection if the present FIR is quashed.

Looking into the above facts and circumstances, since the misunderstanding has been sorted out and the dispute has been amicably settled before the Mediation Centre, Karkardooma Courts, Delhi and receiving of the settled amount from the petitioner and also dissolution of her marriage with the petitioner vide judgment and decree dated 5th

February, passed by the Addl.

District Judge (North-East), Karkardooma Courts, Delhi in HMA No.148/13 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 present FIR and all subsequent proceedings arising therefrom. Consequently, FIR No.52/2010, under Sections 498-A/406/34 IPC and Sections 3 /4 of Dowry Prohibition Act registered at Police Station Karawal Nagar, Delhi and all proceedings arising therefrom. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J SEPTEMBER 21, 2017 'dc'