Kishor Kumar & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4251/2016 KISHOR KUMAR & ORS ..... Petitioners Through:

Mr.Brahmanand Gupta, Advocate with the petitioners in person.

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

Mr.Izhar Ahmad, APP for State with ASI Jyoti, P.S. Rajouri Garden, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 09.02.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.1374/2015, under Sections 498-A/406/34 IPC registered at Police Station Rajouri Garden, Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioner No.1 got married with the respondent No.2/complainant on 18.11.2000. Counsel for the petitioners further submits that due to misunderstanding arisen between the parties, the respondent No.2/complainant got registered an FIR No.1374/2015, under Sections 498-A/406/34 IPC at Police Station Rajouri Garden, Delhi.

Counsel for the petitioners further submits that after the registration of the FIR, the near friends and relatives intervened and the matter has been amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Tis Hazari Courts, Delhi on 24.09.2016 and as per the terms of the said settlement dated 24.09.2016,

the respondent No.2/complainant has joined her matrimonial home and living together with the petitioner No.1 as husband and wife happily and peacefully. Counsel for the petitioners further submits that the matter has been amicably resolved between the parties and nothing further remains to be adjudicated between them as the respondent No.2/complainant has joined her matrimonial home and has started living together with petitioner No.1 as husband and wife, however, the present FIR is coming as a hurdle in leading peaceful life of the parties and prays that the FIR may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer ASI Jyoti, P.S. Rajouri Garden, New Delhi. The respondent No.

2/complainant in person admits that the matter has been amicably settled by her with the petitioners before the Mediation Centre, Tis Hazari Courts, Delhi on 24.09.2016 and that the said settlement/compromise is voluntary and without any force, pressure or coercion and further admits that in terms of the said settlement she has joined her matrimonial home and now she is living together with the petitioner No.1 as wife. She further admits that nothing further remains to be adjudicated between them and she has no objection if the aforesaid FIR is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled/resolved between the parties which has been reduced into writing before the Mediation Centre, Tis Hazari Courts, Delhi on 24.09.2016 and that the respondent No.2/complainant has joined her matrimonial and living together with the petitioner No.1 as husband and wife and nothing further remains to be adjudicated between the parties, to have peace in the future life of the parties, I deem it appropriate to quash the

aforesaid FIR and all subsequent proceedings emanating therefrom. Consequently, FIR No.1374/2015, under Sections 498-A/406/34 IPC registered at Police Station Rajouri Garden, Delhi and all subsequent proceedings arising therefrom are hereby quashed. The present petition is allowed and stands disposed of. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J FEBRUARY 09, 2017 'dc'