High Court of DelhiCRL.M.C./4658/2016

Aditya Bhatnagar & ORS. v. The State & ANR.

2017-03-29Hon'Ble Mr. Justice I.S.Mehta3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4658/2016 ADITYA BHATNAGAR & ORS.

..... Petitioners Through:

Mr.V.K.Vashisth, Advocate with the petitioners in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State with SI R.N.Pathak, P.S. Jagatpuri, Delhi.

Mr.Narender Bhandari, Adv. for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 29.03.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.177/2015, under Sections 498-A/406/34 IPC, registered at Police Station Jagatpuri, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the marriage between the petitioner No.1 Aditya Bhatnagar and the respondent No.2 Smt. Preeti Srivastava was solemnized on 19.04.2014 according to Hindu rites and ceremonies at Delhi. Counsel further submits that after the marriage due to temperamental differences, a misunderstanding has arisen between them, which resulted into registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the dispute has been amicably settled between the parties

and the same has been reduced into writing before the Principal Judge, Family Courts, Karkardooma, Delhi on 9th September, 2015 and the settlement reached between the parties has been acted upon and all due amounts as agreed between the parties have been paid by the petitioners to the respondent No.2 and nothing remains to be paid further to her and the last instalment amounting to Rs.3.50 lakhs has already been paid/handed over to the respondent No.2 vide demand draft bearing No.516050 dated 15.03.2017 in favour of the respondent No.2 and nothing further remains to be adjudicated between the parties and the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 02.09.2016 passed by the Principal Judge, Family Courts, Shahdara, Karkardooma Courts, Delhi.

However, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Smt. Preeti Srivastava is present in Court today and has been identified by the IO SI R.N.Pathak, P.S. Jagatpuri, Delhi and is also represented by her counsel Mr.Narender Bhandari, Advocate. The respondent No.2/complainant present in person admits that the dispute has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and the same has been reduced into writing on 9th September, 2015 and the same has been acted upon between the parties and as per the terms of settlement, she has already received all due amounts from the petitioners and the last instalment of Rs.3.

5 lakhs has also been received by her from the petitioners and nothing remains to be received by her from the petitioners and her marriage with the petitioner No.

decree dated 02.09.2016 passed by the Principal Judge, Family Courts, Shahdara, Karkardooma Courts, Delhi and she has no objection if the aforesaid FIR 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 the same has been acted upon between the parties and also that the marriage between the petitioner No. 1 and respondent No.2, has already been dissolved by mutual consent by a decree of divorce dated 02.09.2016 passed by the Principal Judge, Family Courts, Shahdara, Karkardooma Courts, Delhi, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom.

Consequently, the FIR No.177/2015, under Sections 498-A/406/34 IPC, registered at Police Station Jagatpuri, Delhi and all the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the aforesaid settlement.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 29, 2017 'dc'