Saroj & ORS v. State Govt Of NCT Of Delhi & ORS

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2561/2017 SAROJ & ORS ..... Petitioners Through:

Mr.B.K.Singh, Advocate with the petitioners in person.

versus STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through: Mr.Izhar Ahmad, APP for State with SI Avadh Kishore, P.S. Bindapur, Delhi.

Counsel for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.07.2017 Crl.M.A.No.10658/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2561/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of the FIR No.626/2015, under Sections 323/341/506/34 IPC, registered at Police Station Bindapur, Delhi, and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the marriage

between the petitioner No.1 Saroj and the respondent No.2 Rajender was solemnized on 29th June, 1994 at Delhi as per Hindu rites and customs. Counsel further submits that after the marriage, a misunderstanding arose between the parties and the marriage could not run smoothly which resulted into registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the dispute has been amicably settled between the parties and the same has been reduced into writing and the terms of the said settlement has been acted upon between the parties. Counsel further submit that the marriage between the petitioner No.1 and the respondent No.

2 has already been dissolved vide judgment and decree dated 22nd May, 2017 passed by the Judge, Family Court, Dwarka Courts, New Delhi and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the petitioners and prays that the FIR and all subsequent proceedings arising therefrom may be quashed. The respondent No.2/complainant Rajender is present in Court today and has been identified by the Investigating Officer SI Avadh Kishore, P.S.Bindapur, Delhi and also represented through counsel. The respondent No.2 present in person admits that he has amicably settled the matter with the petitioners and further submits that the terms of the said settlement has been acted upon between the parties. He further submits that his marriage with the petitioner No.

1 has already been dissolved vide judgment and decree dated 22nd May, 2017 passed by the Judge, Family Court, Dwarka Courts, New Delhi and nothing remains to be adjudicated further between the parties and he has no objection if the aforesaid petition is allowed and the FIR is quashed.

Looking into the aforesaid facts and circumstances, since the dispute has been amicably settled between the parties and the same has been reduced into writing and the terms of the said settlement has been acted upon between the parties and the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 22nd May, 2017 passed by the Judge, Family Court, Dwarka Courts, New Delhi and nothing remains to be adjudicated further between the parties, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom.

Consequently, FIR No.626/2015, under Sections 323/341/506/34 IPC, registered at Police Station Bindapur, Delhi, and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JULY 11, 2017 'dc'