Abhinav Garg & Ros. v. State Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4375/2016 ABHINAV GARG & ORS.

..... Petitioners Through:

Mr.Anil Kumar Gupta and Ms.Sangita Gupta, Advocates with the petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State with SI Anil Tushir, P.S. North Rohini, Delhi.

Mr.Himanshu, Advocate for R-2 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 23.11.2016 Crl.M.A.No.18252/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4375/2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR bearing No.83/2014, under Sections 498-A/406/34 IPC, registered at Police Station North Rohini, Delhi and all proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioner No.1 Abhinav Garg is the husband of the complainant, petitioner No.2 Ajay Garg is the father-in-law of the complainant, petitioner No.3 Smt. Parveen Garg is the mother-in-law of the complainant and the petitioners No.4 & 5 Smt.Nikita Garg and Smt. Abhita Garg are the sisters-in-law of the complainant. He further submits that the marriage of the petitioner No.1 Abhinav Garg and the respondent No.2/complainant was solemnized on 5th December, 2012 according to Hindu rites and customs at Patiala. Counsel for the petitioners further submits that during the subsistence of the marriage misunderstanding had taken place between the parties, consequently the complainant/respondent No.2 has got registered an FIR bearing FIR No.

83/2014, under Sections 498-A/406/34 IPC at Police Station North Rohini, Delhi. Counsel further submits that after registration of the said FIR, with the intervention of near relatives and close friends and thereafter with the process of the mediation, the matter has been amicably settled between the parties. Settlement deed dated 23rd March, 2016 entered into between the parties is placed on record at page 70 of the paper book. He further submits that in terms of the said settlement, the petitioners have brought demand draft bearing No.576300 dated 11.11.2016 drawn on State Bank of Patiala in the sum of Rs.3.5 lakhs (Rupees Three Lakhs and Fifty Thousand only) for handing over the same to the complainant/respondent No.2 towards the last and final instalment of the settled amount of Rs.16,50,000/-.

Counsel for the petitioners further submits that since the matter has been amicably settled between the parties and nothing remains to be adjudicated upon between the parties, the FIR and all proceedings arsing thereform may be quashed. The respondent No.

been identified by her counsel and the IO SI Anil Tushir, P.S. North Rohini, Delhi. The complainant admits the factum of amicable settlement with the petitioners and execution of settlement agreement dated 23rd March, 2016 between the parties. Demand draft in the sum of Rs.3.5 lakhs towards the balance settled amount has been handed over to her by counsel for the petitioners which has been duly received and accepted by her. She submits that the settlement arrived at between the parties is voluntary and nothing remains to be adjudicated upon between the parties. She further submits that she has got no objection if the FIR in question is quashed qua against the petitioners.

Looking into the facts and circumstances since the matter has been amicably settled between the parties, for the betterment of their near future & in the interest of justice, FIR bearing No.83/2014, under Sections 498A/406/34 IPC, registered at Police Station North Rohini, Delhi and all proceedings arising therefrom are hereby quashed. The petition stands disposed of accordingly.

I.S.MEHTA, J NOVEMBER 23, 2016 'dc'