Dilip Kumar & ORS v. State & ANR
$~62 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2163/2017 and Crl.M.A.No.8864/2017 (stay) DILIP KUMAR & ORS ..... Petitioners Through:
Mr.Parveen Kumar, Advocate with the petitioners in person.
versus STATE & ANR ..... Respondents Through:
Mr.Kamal Kr. Ghei, APP for State with SI Jitender, P.S. K.N.Katju Marg, Delhi.
Ms.Poonam Gupta, Advocate for R2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 24.05.2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.117/2013, under Sections 498-A/406/34 IPC, registered at Police Station K.N.Katju Marg, Delhi and all the proceedings emanating therefrom.
Counsel for the petitioners has submitted that the petitioner No.1 and the respondent No.2 got married on 15.05.2011 at Delhi according to Hindu rites and ceremonies. Counsel further submits that thereafter due to temperamental differences, a misunderstanding had arisen between the parties which has resulted into the registration of the aforesaid FIR. Counsel 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. Counsel further submits that in terms of the said settlement, the respondent No.2 is living with her husband (the petitioner No.1 herein) at the matrimonial home 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, Smt. Navjot Kaur is present in Court today and has been identified by the Investigating Officer, SI Jitender, P.S. K.N. Katju Marg, Delhi and is also represented by her counsel Ms.Poonam Gupta, Advocate. The complainant admits that the matter has been amicably settled with the petitioners. She further admits that she is now 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. Looking into the aforesaid facts and circumstances since the matter has been amicably settled between the parties and the respondent No.
2 has joined her matrimonial home and now she is 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.117/2013, under Sections 498-A/406/34 IPC, registered at Police Station K.N.
Delhi and all the proceedings emanating 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 24, 2017 'dc'