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High Court of DelhiCRL.M.C./2457/2017

Joginder Solanki & ORS v. State (NCT Of Delhi) & ANR

2017-07-07Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2457/2017 JOGINDER SOLANKI & ORS ..... Petitioners Through:

Mr.Umashankar Vats, Adv.

P-2 & P-5 in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State SI Shri Gopal, PS-Shakarpur

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.07.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.897/2014, under Sections 498-A/406/34 IPC, registered at Police Station-Shakarpur, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1 got married with respondent No.2 on 17.01.2012 according to Hindu rites and customs. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences and their marriage has also been dissolved by mutual consent by a decree of divorce dated 22.11.2016 granted by the Judge, Family Court, Dwarka Courts, New Delhi. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and 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 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. Order dated 03.07.2017 perused. A perusal of the order dated 03.07.2017 reflects that the respondent No.2/complainant had appeared in the Court and submitted that she has no objection if the petition is allowed and the FIR 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 dated 22.11.2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.897/2014, under Sections 498-A/406/34 IPC, registered at Police Station-Shakarpur, 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.

I.S.MEHTA, J JULY 07, 2017/sr