Pawan Kumar @ Pawan Kumar Saini v. State & ORS

$~69 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2100/2017 PAWAN KUMAR @ PAWAN KUMAR SAINI ..... Petitioner Through:

Mr.Pradeep Kr. Saini, Adv.

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

Mr.Mukesh Kumar, APP for State ASI Prahlad Singh, PS-Palam Village

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 22.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.125/2011, under Sections 498-A/406 IPC, registered at Police StationPalam Village, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner, Mr.Pawan Kumar @ Pawan Kumar Saini got married with respondent No.2, Ms.Chanchal Saini on 28.06.2010 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 compromise deed dated 10.12.2015 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 15.09.2016

granted by the Judge, 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 petitioner. He further submits that the petitioner 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.Chanchal Saini is present in Court today and has been identified by the Investigating Officer, ASI Prahlad Singh, PS-Palam Village, Delhi. The complainant also admits that the matter has been amicably settled with the petitioner and nothing remains due against 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.Pawan Kumar @ Pawan Kumar Saini and respondent No.2, Ms.Chanchal Saini has already been dissolved by mutual consent by a decree of divorce dated 15.09.2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.125/2011, under Sections 498-A/406 IPC, registered at Police StationPalam Village, Delhi and all proceedings arising of the same are hereby

quashed. Parties to remain bound by the terms of compromise deed dated 10.12.2015.

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

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