Pramod Gupta v. State & ANR

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 328/2017 PRAMOD GUPTA ..... Petitioner Through:

Mr.S.K.Choudhary, Adv.

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

Mr.Izhar Ahmad, APP for State SI Randeep, PS-Prashant Vihar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 20.02.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.326/2013, under Sections 498A/406 IPC, registered at Police StationPrashant Vihar, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that petitioner, Mr.Pramod Gupta was the husband of the respondent No.2/complainant, Ms. Suman Bansal and due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences on 08.09.2015 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 28.07.2016 granted by the Principal Judge, Family Courts, Rohini Courts, Delhi.

He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and 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.

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, Ms.Suman Bansal is present in Court today and has been identified by the Investigating Officer, SI Randeep, P.S. Prashant Vihar, Delhi. The complainant also admits that the matter has been amicably settled with the petitioner. She further submits that she has no claim or grievance left against the petitioner. 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, Mr.Pramod Gupta and respondent No.2, Ms.Suman Bansal has already been dissolved by mutual consent by a decree of divorce dated 28.07.2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.326/2013, under Sections 498A/406 IPC, registered at Police Station-Prashant Vihar, Delhi and all proceedings arising of the same are hereby quashed. The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti.

I.S.MEHTA, J FEBRUARY 20, 2017/radhika