Nitin Kumar & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4206/2016 & CRL.M.A.17525/2016 NITIN KUMAR & ORS ..... Petitioners Through:

Mr.Gaurav Chaudhary, Adv.

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

Mr.Kewal Singh Ahuja, APP for State SI Sunil Kumar, PS-Govindpuri

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 29.03.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.27/2012, under Sections 498-A/406/34 IPC, registered at Police StationGovindpuri, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1, Mr.Nitin Kumar got married with respondent No.2, Ms.Hemlata on 21.01.2011 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 in Mediation Centre, Karkardooma Courts, Delhi on 13.09.2013 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 31.07.

2015 granted by the Principal Judge, Family Courts, North East District, 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.

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.Hemlata is present in Court today and has been identified by the Investigating Officer, SI Sunil Kumar, PS-Govindpuri, 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.Nitin Kumar and respondent No.2, Ms.Hemlata has already been dissolved by mutual consent by a decree of divorce dated 31.07.2015, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.27/2012, under Sections 498-A/406/34 IPC, registered at Police Station-Govindpuri, Delhi and all proceedings arising of the same are hereby quashed. The present petition is allowed and disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 29, 2017/radhika