Parveen Kumar & ORS v. NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2022/2017 PARVEEN KUMAR & ORS ..... Petitioners Through:

Mr.M.K. Saroja, Adv. with Mr.Ravi Kant, Adv.

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

Mr.Izhar Ahmad, APP for State Mr.Sanchit Vashistha, Adv. for R-2 S.I. Inder Pal, P.S. Rajouri Garden

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 27.07.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.458/2015, under Section 498-A/406/34 IPC, registered at P.S. Rajouri Garden and all the proceedings emanating therefrom.

It is submitted by learned counsel for the petitioners that the petitioner No.1 got married with the respondent No.2 on 29.11.2013 according to Hindu rites and customs. Counsel further submits that after the marriage misunderstanding has arisen between the parties, which resulted into registration of the said FIR. He further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties before Principal Judge, Family

Courts (West), Tis Hazari Courts, Delhi, which has been reduced into writing vide Settlement Deed dated 21.04.2015 and all the settled amount has already been paid to the respondent No.2. He further submits that their marriage has already been dissolved vide judgment and decree dated 06.04.2016 granted by the Principal Judge, Family Court(West), Tis Hazari Courts, Delhi, Delhi.

He further submits that the petitioner No.1 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 is present in person and has been identified by the Investigating Officer S.I. Inder Pal and admits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that as per the terms of settlement she has already received the settled amount. She further submits that their marriage has already been dissolved and that 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 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce, it is in their interest to lead their independent and peaceful life in future. Consequently, the FIR No.458/2015, under Section 498-A/406/34 IPC, registered at P.S. Rajouri Garden and all proceedings arising out of the

same are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JULY 27, 2017/km