Anita v. State Of NCT Of Delhi And Another

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 19/2017 ANITA ..... Petitioner Through:

Mr.Jay Kishor Singh, Adv.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.G.M.Farooqui, APP for State Mr.Pinku Singh, Adv. for R-2.

SI Sarla Nand, PS-Janakpuri

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.03.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.245/2013, under Sections 420/468/471 IPC, registered at Police StationJanakpuri, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner, Ms.Anita got married with respondent No.2, Mr.Kaushal Kishore on 8.02.2012 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 vide settlement deed dated 23.08.2013 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 17.09.2016 granted by the Principal Judge, Family

Courts, West, Tis Hazari Courts, 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 petitioner. He further submits that the petitioner 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, Mr.Kaushal Kishore is present in Court today and has been identified by the Investigating Officer, SI Sarla Nand, PS-Janakpuri, Delhi. The complainant also admits that the matter has been amicably settled with the petitioner and as per the terms of settlement, he has already received all dues from the petitioner. He further submits that he has no claim or grievance left against the petitioner. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and he 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, Ms.Anita and respondent No.2, Mr.Kaushal Kishore has already been dissolved by mutual consent by a decree of divorce dated 17.09.2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.245/2013, under Sections 420/468/471 IPC, registered at Police Station-Janakpuri, 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. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 01, 2017/radhika