Rajiv Kumar & ORS v. State (Govt Of NCT Of Delhi) & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1572/2017 RAJIV KUMAR & ORS ..... Petitioners Through:
Mr.Nishant Anand, Advocate with the petitioners in person.
versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:
Mr.R.S.Kundu, ASC with Mr.Ankit Kr. Gulia and W/SI Brahmo Devi, P.S. South Kampus, New Delhi.
Counsel for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 24.05.2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.48/2017, under Sections 323/354/506/509/34 IPC, registered at Police Station South Campus, New Delhi and all the proceedings emanating therefrom. Counsel for the petitioners has submitted that the petitioner No.1 and the respondent No.2 got married nearly 8 years back and out of the said wedlock they were bless with two minor children namely Shanvi Panwar and Master Dhairya Pawar. Counsel further submits that thereafter due to temperamental differences, a misunderstanding had arisen between the parties which has resulted into the registration of the aforesaid FIR. Counsel 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 and the same has been reduced into writing before the Mediation Centre, Patiala House Courts, New Delhi on 11th May, 2017. Counsel further submits that in terms of the said settlement, the respondent No.2 along with her minor children is living with her husband (the petitioner No.1 herein) at the matrimonial home and they are leading a happy and peaceful married life. Counsel further submits that the matter has been amicably resolved between the parties and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of both the parties and prays that the FIR in question and all proceedings arising therefrom may be quashed.
The respondent No.2/complainant, Smt. Preeti is present in Court today and has been identified by the Investigating Officer, W/SI Brahmo Devi, P.S. South Kampus, New Delhi. The complainant admits that the matter has been amicably settled with the petitioners and the same has been reduced into writing before the Mediation Centre, Patiala House Courts, New Delhi on 11th May, 2017. She further admits that she along with her two children is now living happily and peacefully with her husband without any kind of complaint or grievance. She further submits that the said settlement arrived at with the petitioners is voluntary and without any force, pressure or coercion and she does not want any further action qua against the petitioners and has no objection, if the FIR in question is quashed.
Looking into the aforesaid facts and circumstances since the matter has been amicably settled between the parties and the respondent No.2 has joined her matrimonial home and now she along with two children is living with the petitioner No.
to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same. Consequently, FIR No.48/2017, under Sections 323/354/506/509/34 IPC, registered at Police Station South Campus, New Delhi and all the proceedings emanating therefrom are hereby quashed.
The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 24, 2017 '
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