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High Court of DelhiW.P.(CRL)/1677/2017

Parveen Kumar & ORS v. State Gnct Of Delhi & ANR

2017-05-30Hon'Ble Mr. Justice I.S.Mehta2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1677/2017 PARVEEN KUMAR & ORS ..... Petitioners Through:

Mr.Santosh Kr. Sharma, Adv.

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

Mr.Sanjay Lao, ASC with Mr.Sidharth Sindhu, Adv.

SI Dharmender Kumar, PS-Sarai Rohilla Mr.Anil Gahlot, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.05.2017 CRL.M.A.9293/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 1677/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.133/2017, under Sections 354/509 IPC, registered at Police Station-Sarai Rohilla, Delhi and all proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1, Mr.Parveen Kumar got married with respondent No.2, Ms.Shalu. He further submits that the present matter pertains to matrimonial dispute and due to some misunderstanding arisen between the parties, the aforesaid FIR was registered. 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 deed dated 15.05.2017 and nothing remains to be adjudicated further between them. He further submits

that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners and the respondent Nos.2 to 4 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. Respondent No.2, Ms.Shalu is present in Court today and has been identified by the Investigating Officer SI Dharmender Kumar, PS-Sarai Rohilla. The respondent No.2 admits that she has settled the matter amicably with the petitioners vide settlement deed dated 15.05.2017. She further submits that as per the terms of settlement she has already received Rs.1,80,000/- (Rupees One Lakh Eighty Thousand Only) from the petitioners and nothing remains due against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and nothing remains to be adjudicated further between them, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.133/2017, under Sections 354/509 IPC, registered at Police Station-Sarai Rohilla, Delhi and all proceedings arising 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 MAY 30, 2017/sr