Ashok Kumar & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4555/2016 ASHOK KUMAR & ORS ..... Petitioners Through:

Mr.Nurrat Hossain, Adv. with Mr.Manish Kumar Singh, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State Sub Inspector Amit Kumar, Police Station-Farsh Bazar Mr.Sunil Kumar, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.12.2016 CRL.M.A.19070/2016 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4555/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.84/2007, under Sections 498A/406/34 IPC, registered at Police StationFarsh Bazar, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that petitioner No.1 is the husband of the complainant and out of the wedlock two children are born. He has further submitted that due to some misunderstanding arisen between the parties, FIR No.84/2007, under Sections 498A/406/34 IPC was registered at Police Station-Farsh Bazar, Delhi. He further submits that with

the help of near relatives and close friends, they have amicably settled all their disputes and differences and nothing remains to be adjudicated upon further. Learned counsel for the petitioner further submits that the matter has been settled in Mediation Centre on 5th March, 2016 and all the terms have been complied with and as per the terms of settlement, the petitioners have already handed over an FDR for a sum of Rs.3,25,000/- (Rupees Three Lakhs Twenty Five Thousand Only) in the name of Priyanshu Chaudhary, drawn on Syndicate Bank to the natural guardian i.e. the complainant. 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 is present in Court today and has been identified by her counsel and the Investigating Officer, SI Amit Kumar, P.S.Farsh Bazar, New Delhi. The complainant also admits that the matter has been amicably settled with the petitioners before Mediation Centre, Karkardooma Courts vide settlement deed dated 5th March, 2016 and submits that the marriage still subsists and there is no dispute of existence of marriage between the complainant and the petitioner No.1. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She submits that 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, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.84/2007, under Sections 498A/406/34 IPC, registered at Police Station-Farsh Bazar, Delhi and all proceedings arising of the same are hereby quashed. Parties to abide by the terms of the settlement dated 5th March, 2016.

The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 07, 2016/radhika