Vidhi Tandon v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2331/2015 VIDHI TANDON ..... Petitioner Through:

Mr.Atul Ahlawat, Advocate with the petitioner in person.

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versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Raghwinder Varma, APP for State with Sub Inspector Subhash Chand, P.S. Lajpat Nagar, New Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 06.01.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner seeking quashing of the FIR No.444/2014, under Sections 323/341/506 IPC registered at Police Station Lajpat Nagar, New Delhi and all proceedings emanating therefrom.

Learned counsel for the petitioner has submitted that the petitioner Vidhi Tandon was the wife of the respondent No.2 Jagdeep Singh. Counsel for the petitioner further submits that the marriage between the petitioner and the respondent No.2 was solemnized on 25.01.2012 according to Sikh rites and ceremonies at a Gurudweara in Lucknow, Uttar Pradesh. However, there is no child born out of the said wedlock of the parties. Counsel for the petitioner has further submitted that after the marriage due to the

misunderstanding arisen between the parties, the petitioner got registered an FIR No.198/2013, under Sections 498-A/323/325/504/506/316/452 IPC read with Sections 3 and 4 of the Dowry Prohibition Act at Police Station Qaiser Bagh, Lucknow, Uttar Pradesh. Counsel further submits that thereafter the respondent No.2 also got registered the FIR in question i.e. FIR No.444/2014, under Sections 323/341/506 IPC at Police Station Lajpat Nagar, New Delhi. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties vide settlement/compromise entered into at New Delhi on 09.02.2015. Counsel for the petitioner has further submitted that the marriage between the petitioner and the respondent No.

2 has already been dissolved vide judgment and decree dated 30.09.2015 passed by the Family Courts, Saket Courts, New Delhi. Counsel thus submits that since the matter has been amicably settled between the parties and the marriage between the parties has been dissolved and nothing further remains to be adjudicated between the parties, no purpose would be served by continuing with criminal proceedings against the petitioner and prays that the FIR, which is coming as a hurdle to lead their independent peaceful life in near future, may be quashed.

The respondent No.2 is present in Court today and has been identified by the Investigating Officer Sub Inspector Subhash Chand, P.S. Lajpat Nagar, New Delhi. The respondent No.2, present in person, admits the factum of amicable settlement with the petitioner on 09.02.2015 and further admits that the said settlement reached is voluntary and without any force, pressure or coercion. The respondent No.2 further submits that the marriage between him and the petitioner has already been dissolved by a judgment

and decree dated 30.09.2015 passed by the Family Court, Saket Courts, New Delhi. He further submits that nothing further remains to be adjudicated between them and submits that he has no objection if the aforesaid FIR is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled between the parties vide settlement/compromise dated 09.02.2015 and that the marriage between the parties has already been dissolved by judgment and decree dated 30.09.2015 and nothing further remains to be adjudicated between the parties, to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom to enable the parties to lead better independent future life in future.

Accordingly, FIR No.444/2014, under Sections 323/341/506 IPC registered at Police Station Lajpat Nagar, New Delhi and all proceedings emanating therefrom are hereby quashed subject. The petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JANUARY 06, 2017 'dc'