Vishal & ORS v. The State & ANR

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1832/2017 VISHAL & ORS ..... Petitioners Through Mr.Nitin Sehgal, Adv.

versus THE STATE & ANR ..... Respondents Through Mr.Raghuvinder Varma, APP for the State S.I. Ram Bhau, P.S. Khyala

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 08.05.2017 Crl. M.A. 7511/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

Crl. M.C. 1832/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.346/2013, under Sections 323/354B/451/34 IPC, registered at Police Station- Khyala and all the proceedings emanating therefrom.

Learned counsel for the petitioners submits that the present FIR has arisen out of a matrimonial dispute. He further submits that the marriage between the petitioner No.1 and the respondent No.2/complainant was solemnized on 01.12.2012 according to Hindu rites and customs. Counsel further submits that after the marriage misunderstanding between the parties had arisen, which resulted into the registration of 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, which has been reduced into writing before the Court of Ms.Vandana, Ld. M.M, Mahila Court, Tis Hazari Courts, Delhi, on 21.01.2016. He further submits that their marriage has also been dissolved by mutual consent by a decree of divorce dated 10.02.2017 granted by the Principal Judge, Family Courts, North-West, Rohini, Delhi. He further submits that nothing remains to be adjudicated upon further and also 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 is present in Court today and has been identified by the Investigating Officer, S.I.

Ram Bhau.

The complainant also admits that the matter has been amicably settled with the petitioners and she has no claim or grievance left against the petitioners. 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 No. 1 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.346/2013, under Sections 323/354B/451/34 IPC, registered at Police Station- Khyala and all proceedings arising out of the same are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 08, 2017/km