High Court of DelhiCRL.M.C./166/2017

Kunal Bajaj & ORS. v. State & ANR.

2017-02-14Hon'Ble Mr. Justice I.S.Mehta2 pages

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 166/2017 KUNAL BAJAJ & ORS.

..... Petitioner Through:

Mr.Aadarsh Tiwari, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State Mr.Rohit Dadwal with Mr.Aditya Gupta, Advs. with respondent No.2Vidushi Munjal, in person. W/ASI Roshni, Police Station Nanak Pura.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 14.02.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.57 /2015, under Sections 498A/406/34 IPC, registered at Police StationNanak Pura, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1 Kunal Bajaj got married with respondent No.2 Vidushi Munjal on 18.01.2013 as per the Hindu Rights & Customs. Counsel for the petitioner further submits that after the marriage, the differences has arisen between the parties resulting into registration of FIR bearing No.57/2015 under Sections 498A, 406 and 34 IPC, Police Station Nanak Pura. Counsel further submits that after the registration of aforesaid FIR, near friends and relatives intervened and the matter has been settled and the same has been reduced

down into writing before the Family Court, Saket on 08.01.2016. Counsel for the petitioner further submits that both the parties have acted upon the said settlement reached between the parties voluntarily. Counsel further submits that the marriage between the petitioner No.1 and respondent No.2 is dissolved by a judgement and decree dated 05.08.2016 by the Court of Principal Judge, Family Court, Tis Hazari, Delhi. Counsel for the petitioner submits that nothing remains to be adjudicated between the parties and submits that the present FIR is coming hurdle in the personal life of present petitioner, therefore, said FIR be quashed. Respondent No.2 Vidushi Munjal is present in the Court today and has been identified by Sub Inspector Roshni through counsel. Respondent no.

2 admits that the settlement between the parties have reached and the same has been acted upon and nothing remains to be adjudicated between the parties and the settlement is voluntary and without pressure and coercion. She got no objection, if the aforesaid FIR be quashed. Looking into the above facts & circumstances, since the dispute between the parties is settled and the same is acted upon and nothing remains to be adjudiced and the marriage between the petitioner No.1 and respondent No.2 has already been dissolved vide judgment and decree dated 05.08.2016, I deem it appropriate to quash the said FIR to have peace in both the parties, the present petition is allowed. Copy of this order be given dasti to both the parties. I.S.