Yogesh Goyal & ORS. v. State & ANR.

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4030/2016 YOGESH GOYAL & ORS.

..... Petitioners Through:

Mr.Vijay Kr. Sharma, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State with ASI Tej Ram, PS Najafgarh.

Ms.Gitanjali Malviya, Adv with Mr.Pushpendra Bhardwaj, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 27.10.2016 CRL.M.A. 16859/2016 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4030/2016 This is a petition under Section 482 Cr.PC moved by the petitioner for quashing of FIR No.96/2015 registered at Police Station Najafgarh, Delhi under Sections 498A/406/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter. Learned counsel for the petitioners submits that the complainant is the wife of petitioner No.1. Due to some misunderstanding taken place between the parties, FIR No.96/2015 P.S. Najafgarh, Delhi was registered. Learned counsel for the petitioner has further submitted that immediately thereafter due to the interventions of the relatives and friends, the matter has been settled between the parties before Mediation Centre, Dwarka on 22nd April,

2015. Counsel for the petitioners has further submitted that the marriage between petitioner No.1 and respondent No.2/complainant has been dissolved and divorce has been granted to the respondent No.2 Smt.Shalu Gupta vide decree of divorce dated 12th July, 2016 passed by the Principal Judge (West), Family Court, Tis Hazari, Delhi. Counsel for the petitioners has further submitted that the petitioners and respondent No.2 have settled the matter and all the settled amount as agreed between the parties have been paid and remaining amount of Rs.2 Lakhs which is left to be paid is paid today vide demand draft No.503348 dt.26.10.2016 to the respondent No.2/complaint.

The respondent No.2/complainant is present in person (duly identified by the Investigating Officer) and submits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, she does not want any action against the petitioners and does not have any objection if FIR in question is quashed. Keeping in view the facts that the parties have compromised the matter with each other amicably and no further litigation is left for adjudication, in the interest of justice and to achieve the goal of better life in near future and to settle in their respective life, I quash the FIR No.96/2015 P.S. Najafgarh, Delhi under Sections 498A/406/34 IPC and consequent proceedings emanating therefrom.

The petition stands disposed of accordingly.

I.S.MEHTA, J OCTOBER 27, 2016/vp