Jitender & ORS v. State Of NCT Of Delhi & ANR

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3988/2016 JITENDER & ORS ..... Petitioners Through:

Ms.Deepshikha George, Adv.

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

Mr.Raghuvinder Verma, APP for State along with SI Dinesh Chandra PS Swaroop Nagar, in person.

Mr.Tarun Walia, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 25.10.2016 CRL.M.A. 16684/2016 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3988/2016 This is a petition under Section 482 Cr.PC moved by the petitioner for quashing of FIR No.467/2015 registered at Police Station Swaroop Nagar, Delhi under Sections 498A/406/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

Counsel for the petitioners submits that one of petitioners- Sushila is not present who is stated to have given birth to a female child. All other petitioners are present in person. Counsel for the petitioners has submitted that the petitioners No.1 to 9 have settled the matter amicably with the respondent No.2 Arti who is the wife of petitioner No.1. Counsel for the

petitioners has further submitted that the marriage between them has been dissolved and divorce has been granted to the respondent No.2 Arti vide decree of divorce dated 1st July, 2016 passed by the Principal Judge, Family Court, Rohini in HMA No.562817/2016. Counsel for the petitioners has further submitted that the petitioners and respondent No.2 have settled the matter and remaining amount of Rs.49,0000/- has already been given by way of demand draft bearing No.300056 dated 25th October, 2016, UCO Bank and Rs.1,000/- has been paid in cash.

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, no useful purpose would be served by continuing the criminal proceedings against the petitioner, which will only be an exercise in futility and wastage of precious time of the Court. Accordingly, the petition is allowed and the FIR No.467/2015 registered at Police Station Swaroop Nagar, Delhi under Sections 498A/406/34 IPC and consequent proceedings emanating therefrom are hereby quashed.

The petition stands disposed of accordingly.

I.S.MEHTA, J OCTOBER 25, 2016/vp