Ajay Sethi & ORS v. State & ANR

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4491/2016 AJAY SETHI & ORS ..... Petitioners Through:

Mr.Narendra Kalra, Adv. with Mr.Sahil Kakkar, Adv.

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

Mr.G.M.Farooqui, APP for State Sub Inspector Tej Singh, Police Station-Shalimar Bagh Mr.Manish Dua, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 02.12.2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.201/2015, under Sections 498A/34 IPC, registered at Police StationShalimar Bagh, Delhi and all the proceedings emanating therefrom. Counsel for the petitioners has submitted that petitioner No.1 is the husband of the complainant and out of the wedlock two children are born. He has further submitted that due to temperamental differences and misunderstanding arisen between the petitioner No.1-husband and the complainant-wife, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences and their marriage has also been dissolved by mutual consent by a decree of divorce

dated 7th November, 2016 granted by the Principal Judge (North-West), Family Courts, Rohini, New Delhi. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners 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 Tej Singh, P.S.Shalimar Bagh, 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 no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the marriage between the petitioner No.1 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 7th November, 2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.201/2015, under Sections 498A/34 IPC, registered at Police Station-Shalimar Bagh, Delhi and all proceedings arising of the same are hereby quashed.

The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. The Principal Judge (North-West), Family Courts, Rohini, New Delhi is directed to return the demand draft so deposited by the petitioners in case Mt. No. 07/15 forthwith in favour of the complainant/respondent No.2, Smt.Arti Sethi on the complainant/respondent No.2 moving the appropriate application.

Copy of the order be given dasti under the signatures of the Court Master.

I.S.MEHTA, J DECEMBER 02, 2016/radhika