Farhad Ahmad & ORS v. State Of Govt Of NCT Delhi & ORS

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4565/2016 FARHAD AHMAD & ORS ..... Petitioners Through:

Mr.Parmil Kumar, Adv.

versus STATE OF GOVT OF NCT DELHI & ORS ..... Respondents Through:

Mr.G.M.Farooqui, APP for State ASI Vinod Tyagi, PS-Krishna Nagar Adv. for R-2 (appearance not given)

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.12.2016 CRL.M.A.19096/2016 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4565/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.269/2013, under Sections 498A/406/34 IPC, registered at Police StationKrishna Nagar, 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.269/2013, under Sections 498A/406/34 IPC was registered at Police Station-Krishna Nagar, 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 petitioners has further submitted that the

petitioner No.1-husband and the respondent No.2-wife are living together as husband and wife and the FIR in question is coming as hurdle in the way of the present petitioners and prays that 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, ASI Vinod Tyagi, P.S.Krishna Nagar, New Delhi. The complainant also admits that she has joined her matrimonial house and the matter has been amicably settled with the petitioners before Mediation Centre, Karkardooma Courts vide settlement deed dated 17th December, 2015. 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 since the petitioner No.1 and the respondent No.2 are husband and wife and out of the wedlock two children have already been born, it is in their interest to lead their life peacefully in future, consequently, the FIR No.269/2013, under Sections 498A/406/34 IPC, registered at Police Station-Krishna Nagar, Delhi and all proceedings arising of the same are hereby quashed. Parties to abide by the terms of the settlement dated 17th December, 2015. 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