Arvind Sharma & ORS v. State & ORS

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2101/2017 ARVIND SHARMA & ORS ..... Petitioners Through:

Ms.Ruchi Munjal, Adv.

versus STATE & ORS ..... Respondents Through:

Mr.Mukesh Kumar, APP for State SI Gajender Singh, PS-CWC Nanakpura Mr.Amar Singh, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 22.05.2017 Crl. M.A. 8629/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

Crl. M.C. 2101/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.21/2015, under Sections 498-A/406/34 IPC, registered at Police StationCWC, Nanakpura, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1 Mr.Arvind Sharma got married with respondent No.2, Ms.Swati Mahajan on 05.03.2014 according to Hindu rites and customs. He further submits that 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 vide Memorandum of Understanding dated 01.10.2016 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 12.04.2017 granted by the Principal Judge (South-West), Family Courts, Dwarka, New 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 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, Ms.Swati Mahajan is present in Court today and has been identified by the Investigating Officer, SI Gajender Singh, PS-CWC Nanakpura, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and nothing remains due against the petitioners. She further submits that 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, Mr.Arvind Sharma and respondent No.2, Ms.Swati Mahajan has already been dissolved by mutual consent by a decree of divorce dated 12.04.2017, it is in their interest to lead their

independent and peaceful life in future, consequently, the FIR No.21/2015, under Sections 498-A/406/34 IPC, registered at Police Station-CWC, Nanakpura, Delhi and all proceedings arising of the same are hereby quashed. Parties to remain bound by the terms of Memorandum of Understanding dated 01.10.2016.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MAY 22, 2017/sr