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High Court of DelhiCRL.M.C./3689/2016

Tejinder Singh & ORS. v. State And ORS.

2016-10-26Hon'Ble Mr. Justice I.S.Mehta2 pages

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3689/2016 TEJINDER SINGH & ORS.

..... Petitioners Through:

Mr.D.L. Dhingra, Adv.

versus STATE AND ORS.

..... Respondents Through:

Mr.G.M.Faroqui, APP for the State with WSI Sushil PS Delhi Cantt.

(presently posted in Security Unit).

MrAshish Dhingra, Adv. with Ms.Amina Amin Sultana, Adv. for R2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 26.10.2016 This is a petition under Section 482 Cr.PC moved by the petitioner for quashing of FIR No.306/2014 registered at Police Station Delhi Cantt., Delhi under Sections 498A/406/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

Learned counsel for the petitioners submits that the complainant is the wife of petitioner No.1. Due to some misunderstanding taken place between the parties, FIR No.306/2014 P.S. Delhi Cantt., Delhi was registered. Learned counsel for the petitioner has further submitted that immediately thereafter due to the interventions of the relatives and friends, the matter has been settled between the parties vide settlement agreement dated 4th November, 2015. Counsel for the petitioners has further submitted that the marriage between petitioner No.1 and respondent No.2/complainant has

been dissolved and divorce has been granted to the respondent No.2 Smt.Kawaljeet Kaur vide decree of divorce dated 20th August, 2016 passed by the Principal Judge (South-West), Family Court, Dwarka. Counsel for the petitioners has further submitted that the petitioners and respondent No.2 have settled the matter and remaining amount of Rs.4 Lakhs has already been given by way of demand drafts bearing No.450401-450403 of Rs.90,000/- each dated 21st September, 2016 and DD No.548394 of Rs.1,30,000/- dated 19th September, 2016 to the respondent No.2/complaint. The respondent No.

2/complainant is present in person (duly identified by the Investigating Officer) and submits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, she does not want any action against the petitioners and does not have any objection if FIR in question is quashed. Keeping in view the facts that the parties have compromised the matter with each other amicably and no further litigation is left for adjudication, in the interest of justice and to achieve the goal of better relationship between the husband and wife, I quash the FIR No.306/2014 registered at Police Station Delhi Cantt., Delhi under Sections 498A/406/34 IPC and consequent proceedings emanating therefrom.

The petition stands disposed of accordingly.

Copy of the order be given dasti under the signatures of the Court Master.

I.S.MEHTA, J OCTOBER 26, 2016/vp