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High Court of DelhiCRL.M.C./2588/2017

Shri Anil & ORS v. The State Govt Of NCT Of Delhi & ANR

2017-07-12Hon'Ble Mr. Justice I.S.Mehta3 pages

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2588/2017 SHRI ANIL & ORS ..... Petitioners Through:

Mr.Sanjay Kumar, Advocate with the petitioners in person.

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

Mr.Kamal Kr. Ghei, APP for State with SI Jitender Kumar, P.S.

Welcome, Delhi.

Mr.Surender Singh, Advocate for Respondent No. 2 with Respondent No. 2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 12.07.2017 CRL.M.A.10749/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2588/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.186/2016, under Sections 498-A/406/34 IPC, registered at Police Station Welcome, Delhi and all proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the petitioner

No.1 Anil got married with the respondent No.2 Smt. Kanchan Lata on 30.05.2010 as per Hindu rites and customs. Counsel further submits that after the marriage, a misunderstanding had arisen between the parties, 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 matter has been amicably settled between the parties and the same has been reduced into writing vide settlement deed dated 23.04.2017 and in terms of the said settlement, the respondent No.2 has joined her matrimonial home and now she is living together with her husband happily and peacefully. Counsel further submits that since the matter has been amicably settled between the parties and the respondent No.

2 has joined her matrimonial home and living together with her husband happily and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the parties, and prays that the FIR and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant Smt. Kanchan Lata is present in Court in person and has been identified by the Investigating Officer SI Jitender Kumar, P.S. Welcome, Delhi and also represented through counsel. The respondent No.2 present in person admits the factum of amicable settlement with the petitioners and submits that in terms of the said settlement she is now living together with her husband at her matrimonial home happily and peacefully and she is left with no grievance against the petitioners, as her husband Anil (petitioner No.1) is keeping her well and looking after her well till date and further submits that she has no objection if the FIR in question is quashed.

Looking into the aforesaid facts and circumstances, since the matter has been amicably settled between the parties and the respondent No.2 has joined her matrimonial home and living together with her husband happily and nothing further remains to be adjudicated between the parties, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all subsequent proceedings arising from the same.

Consequently, FIR No.186/2016, under Sections 498-A/406/34 IPC, registered at Police Station Welcome, Delhi and all 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 12, 2017 'dc'