Dr Sanjive Raghove & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2300/2017 DR SANJIVE RAGHOVE & ORS ..... Petitioners Through:

Mr.Abhimanyu Lall, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Mukesh Kumar, APP for State Inspector Amrendra Kumar, ATO Miyanwali Nagar Mr.Deepak Jain, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 29.05.2017 CRL.M.A.9357/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2300/2017 & CRL.M.A.9358/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioner for quashing of FIR No.52/2011, under Sections 498-A/406/34 IPC, registered at Police Station-Mianwali Nagar, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioner submits that the marriage between the petitioner No.1, Dr.Sanjive Raghove and the respondent No.2/complainant, Ms.Sonia Raghove was solemnized on 10.03.2004 according to Hindu rites and customs. Counsel further submits that after the marriage misunderstanding between the parties had arisen, which resulted

into the registration of aforesaid 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 vide compromise deed dated 30.01.2017 and in terms of settlement, the petitioners have already handed over Rs.7,00,000/- (Rupees Seven Lakhs Only) to the respondent No.2. Counsel further submits that the respondent No.2 is living with the petitioner No.1 and they are leading a happy and peaceful married life. Counsel further submits that the matter has been amicably resolved between the parties 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, Ms.Sonia Raghove is present in Court today and has been identified by the Investigating Officer, Inspector Amrendra Kumar. The complainant admits that the matter has been amicably settled with the petitioners and she has joined her husband/petitioner No.1. She further submits that in terms of the settlement she has already received Rs. 7,00,000/- (Rupees Seven Lakhs Only) from the petitioners. She further submits that she is 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 her husband and 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 in terms of

the said settlement, the respondent No.2/complainant has joined her matrimonial home and now living with the petitioner happily and peacefully and nothing further remains to be adjudicated between them, to have peace in the life of the parties and 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.52/2011, under Sections 498-A/406/34 IPC, registered at Police Station-Mianwali Nagar, Delhi and all subsequent proceedings arising therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 29, 2017/sr