Ravi Kumar & ANR v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2719/2015 RAVI KUMAR & ANR ..... Petitioners Through:

Mr.Arjun Chawla, Advocate with the petitioners in person.

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

Mr.Kamal Kr. Ghei, APP for State with SI Sandeep Singh, P.S. Adarsh Nagar, Delhi.

Mr.M.K.Upadhyay, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 25.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.97/2012, under Sections 498-A/406 IPC, registered at Police Station Adarsh Nagar, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that the marriage between the son of the petitioner No.1, namely, Harit Aggarwal and the respondent No.2 Smt. Monika Jain was solemnized on 13.04.2010. Counsel further submits that after the marriage due to temperamental differences, disputes and differences had arisen between the parties which resulted into registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the

dispute has been amicably settled between the parties and the same has been reduced into writing vide settlement/compromise deed dated 03.10.2012. Counsel further submits that the said settlement has been acted upon between the parties and all due amounts as per settlement have been paid to the respondent No.2 and nothing remains to be due and paid to her and the marriage of the respondent No.2 and son of the petitioner No.1 has already been dissolved vide judgment and decree dated 15.05.2013 passed by the Additional Principal Judge, Family Courts, Rohini, Delhi. Counsel further submits that the FIR qua the son of the petitioner No.1, namely, Mr.Harit Aggarwal has already been quashed by this Court vide order dated 13.11.2014 passed in Crl.M.C.5372/2013.

Counsel further submits that since the matter has been amicably settled between the parties and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the present petitioners, who are father-in-law and mother-in-law of the respondent No.2, and prays that the FIR in question and all subsequent proceedings may also be quashed against the present petitioners too.

The respondent No.2/complainant, Smt.Monika Jain is present in Court today and has been identified by the Investigating Officer, SI Sandeep Singh, P.S. Adarsh Nagar, Delhi and is also represented by her counsel Mr.M.K.Upadhyay, Advocate. The respondent No.2/complainant present in person admits that the matter has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and the same has been reduced into writing vide settlement/compromise deed dated 03.10.2012. Respondent No.2 present in person further admits that the said settlement has been acted upon between the parties and all due amounts as

per settlement have been paid to her and nothing remains to be due and her marriage with her previous husband, i.e. the son of the petitioner No.1, namely, Harit Aggarwal has already been dissolved vide judgment and decree dated 15.05.2013 passed by the Additional Principal Judge, Family Courts, Rohini, Delhi and nothing further remains to be adjudicated between the parties and she has no objection if the aforesaid FIR qua against the present petitioners is also 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 vide settlement/compromise deed dated 03.10.2012 and the same has been acted upon between the parties and nothing remains to be adjudicated further between the parties and the marriage of the respondent No.2 with her previous husband, namely, Harit Aggarwal, i.e. son of the petitioner No.1 herein has already been dissolved vide judgment and decree dated 15.05.2013 passed by the Additional Principal Judge, Family Courts, Rohini, Delhi and the fact that the FIR qua the son of the petitioner No.1, namely, Mr.Harit Aggarwal has already been quashed by this Court vide order dated 13.11.2014 passed in Crl.M.C.5372/2013, to have peace in the life of the respective families, I deem it appropriate to quash the FIR and all subsequent proceedings qua the role of the present petitioners too, who are stated to be the father-in-law and mother-in-law of the respondent No.2/complainant.

Consequently, FIR No.97/2012, under Sections 498-A/406 IPC, registered at Police Station Adarsh Nagar, Delhi and all the proceedings emanating therefrom are hereby quashed qua against the present petitioners too. Parties shall remain bound by the terms of the settlement.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J MAY 25, 2017 'dc'