Deepak Bakshi & ORS v. The State & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2600/2017 DEEPAK BAKSHI & ORS ..... Petitioners Through:
Mr.Mahesh Kumar Gautam, Advocate with the petitioners in person.
versus THE STATE & ANR ..... Respondents Through:
Mr.Izhar Ahmad, APP for State with SI Jagdeep P.S. Swaroop Nagar, Delhi.
Mr.Ashish Kr. Sharma, Advocate for Respondent No. 2 with Respondent No. 2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 13.07.2017 This is a petition under Section 482 Cr.P.C filed on behalf of the petitioners for quashing of FIR No.576/2014, under Sections 498-A/406/34 IPC, registered at Police Station Swaroop Nagar, Delhi and all subsequent proceedings arising therefrom.
Learned counsel for the petitioners has submitted that the petitioner No.1 Deepak Bakshi got married to the respondent No.2 Preeti on 13.11.2013 as per Hindu rites and customs at Delhi. Counsel further submits that after the marriage, a misunderstanding had arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the FIR, the
near relatives and the friends intervened and the matter has been amicably settled between the parties orally. Counsel further submits that as per the said oral settlement, an amount of Rs.6 lacs was agreed to be paid by the petitioner No.1 to the respondent No.2, out of which a sum of Rs.3 lacs has already been paid by the petitioner No.1 to her at the time of first motion divorce petition and the remaining amount of Rs.3 lacs has also been paid to her vide demand drafts bearing Nos.151051, 151052 and 151053 dated 12.07.2017 for the sum of Rs.1 lac each, drawn on State Bank of India in favour of the respondent No.2 and nothing further remains to be paid to her.. Counsel further submits that as per the said oral settlement, the marriage between the petitioner No.1 and the respondent No.
2 has already been dissolved vide judgment and decree dated 22.04.2017 passed by the Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi. Counsel further submits that since the dispute has been amicably settled between the parties and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the parties and prays that the FIR and all proceedings arising of the same may be quashed.
The respondent No.2 Smt. Preeti is present in Court today and have been identified by the Investigating Officer SI Jagdeep P.S. Swaroop Nagar, Delhi and also represented by counsel Mr.Ashish Kr. Sharma, Advocate. The respondent No.2 present in person admits that she has amicably settled the matter with the petitioners orally and in terms of the said oral settlement, she has received all due amounts and nothing further remains to be adjudicated between them and she has no objection if the FIR is quashed.
Looking into the above facts and circumstances, since the matter has been amicably settled between the parties orally and as per the said oral settlement, all due amounts have been paid by the petitioner No.1 to the respondent No.2 and nothing further remains to be paid to her and as per the said oral settlement, the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 22.04.2017 passed by the Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi and nothing further remains to be adjudicated between the parties, to have peace in the life of both the families and to meet the ends of justice, I deem it appropriate to quash the FIR and all subsequent proceedings arising therefrom.
Consequently, FIR No.576/2014, under Sections 498-A/406/34 IPC, registered at Police Station Swaroop Nagar, Delhi and all subsequent proceedings arising therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JULY 13, 2017 'dc'