Deepak Kumar & ORS v. State Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3082/2017 DEEPAK KUMAR & ORS ..... Petitioners Through:
Mr.Hem C. Vashisht, Adv. with Mr.Hemant Kumar, Adv.
versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:
Mr.Kamal Kumar Ghei, APP for State ASI Devender Kumar, Police StationUttam Nagar Mr.Gambhir Singh Chauhan, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 09.08.2017 CRL.M.A.12745/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 3082/2017 & CRL.M.A.12744/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.387/2016, under Sections 498-A/406 IPC, registered at Police StationUttam Nagar, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1 got married with respondent No.2 on 21.04.2016 according to Hindu rites and customs. He further submits that due to temperamental differences and misunderstanding arisen between them, 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 20.04.2017 in HMA No.616/17 granted by the Judge, Family Courts, Dwarka, 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, Ms.Charu is present in Court today and has been identified by the Investigating Officer, ASI Devender Kumar, Police Station-Uttam Nagar, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and as per the terms of settlement, she has already received Rs.2,00,000/- (Rupees Two Lakhs Only) from the petitioners and nothing remains due against the petitioners. She further submits that 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 20.04.2017, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.387/2016, under Sections 498-A/406 IPC, registered at Police Station-Uttam Nagar, Delhi and all proceedings arising of the same are hereby quashed.
The present petition is allowed and disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of the order be given dasti as prayed.
I.S.MEHTA, J AUGUST 09, 2017/sr