Satender Kumar & ORS v. State & ANR

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4087/2016 SATENDER KUMAR & ORS ..... Petitioners Through:

Mr.G.S.Gangwar, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with Sub Inspector Hansraj Swami, Police Station-Dwarka(North) Mr.Vivek Sharma, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 22.11.2016 CRL.M.A.17076/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4087/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.146/2011, under Sections 498A/406/34 IPC, registered at Police StationDwarka (North), Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that petitioner No.1 is the husband of the complainant and due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further, consequently, with the help of near relatives and

close friends they have amicably settled their all disputes and differences and their marriage has also been dissolved by mutual consent by a decree of divorce granted by Family Court (Dwarka), New Delhi. Learned counsel for the petitioners further submits that the petitioners have already handed over a demand draft No.199805 dated 08.08.2016 for a sum of Rs.1,20,000/- (rupees One Lakh Twenty Thousand only) drawn on Allahabad Bank to the complainant. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further. He further submits that the petitioner No.1 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.

The respondent No.2/complainant is present in Court today and has been identified by her counsel and the Investigating Officer, SI Hansraj Swami, P.S.Dwarka (North), New Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and she has got no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case since the matter has been amicably settled between the parties and the marriage between the petitioner No.1 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.146/2011,

under Sections 498A/406/34 IPC, registered at Police Station-Dwarka (North), Delhi and all proceedings arising of the same are hereby quashed. The present petition is disposed of accordingly. I.S.MEHTA, J NOVEMBER 22, 2016/radhika