Manish Singh & ORS. v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4692/2016 MANISH SINGH & ORS.

..... Petitioners Through:

Mr.Sanjeev Kr. Sharma, Advocate with the petitioners in person.

versus STATE & ORS.

..... Respondents Through:

Mr.Izhar Ahmad, APP for the State with Insp. Ram Sahay and SI Rajeev Kumar, P.S. Jaitpur, New Delhi.

Ms.Shalini Sharma, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 19.12.2016 Crl.M.A.No.19547/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C.4692/2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR No.325/2011, under Sections 498A/406/34 IPC, registered at Police Station Jaitpur, New Delhi. Learned counsel for the petitioners has submitted that the petitioner No.1 Manish Singh got married to the respondent No.2/complainant on

27.01.2006 according to Hindu rites and ceremonies at New Delhi. Counsel further submits that out of the said wedlock of the parties, a son namely Adarsh was born, who is now 9 years of age. Learned counsel further submits that due to temperamental differences arisen between the parties, the complainant/respondent No.2 got registered an FIR bearing No.325/2011, under Sections 498A/406/34 IPC, at Police Station Jaitpur, New Delhi. Counsel further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties before the Mediation Centre, Saket vide settlement deed dated 11th August, 2015. Counsel further submits that in terms of the said settlement arrived at between the parties, the petitioner No.1 and the respondent No.

2 are now living together as husband and wife along with their minor son at the matrimonial house for the last one year happily and peacefully and the respondent No.2/complainant has no complaint or grievance of any kind left against the petitioners and nothing further is to be adjudicated between the parties and prays that the present FIR, which is coming as a hurdle in their way of peaceful and happy matrimonial life, may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by the IO SI Rajeev Kumar and her counsel Ms. Shalini Sharma, Advocate. The respondent No.2/complainant admits that she has amicably settled/compromised the matter with the petitioners voluntarily and without any kind of force, pressure or coercion. She further submits that she along with her minor son is now living together with her husband at her matrimonial house happily and peacefully for the last one year and she is left with no complaint or grievance against the petitioners. She further submits

that she has no objection if the FIR in question is quashed. Looking into the facts and circumstances, since the matter has been amicably settled between the parties and that the petitioner No.1 and the respondent No.2/complainant are now living together as husband and wife at the matrimonial house peacefully and happily, to meet the ends of justice, I deem it appropriate to quash the FIR in question. Consequently, FIR No.325/2011, under Sections 498A/406/34 IPC, registered at Police Station Jaitpur, New Delhi and all proceedings emanating therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 19, 2016 'dc'