Koustav Banerjee & ORS v. State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2933/2017 KOUSTAV BANERJEE & ORS ..... Petitioners Through:

Mr.Uzair Elahi, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State SI Ajeet Kumar, PS-C.R.Park

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 31.07.2017 CRL.M.A.12193/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2933/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.66/2014, under Sections 498-A/406 IPC, registered at Police StationChitranjan Park, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1 Mr.Koustav Banerjee got married with respondent No.2, Ms.Sayanti Banerjee on 06.06.2008 according to Hindu rites and customs and out of the said wedlock one daughter namely Kyra Banerjee was born on 09.07.2010 who is in the custody of her mother i.e. respondent No.2, Ms.Sayanti Banerjee. 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 Memorandum of Settlement deed dated 23rd July, 2014 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 07.04.2015 granted by the Principal Judge (South-East), Family Courts, Saket, New 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 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, Ms.Sayanti Banerjee is present in Court today and has been identified by the Investigating Officer, SI Ajeet Kumar. The complainant also admits that the matter has been amicably settled with the petitioners and as per the terms of settlement, she has already received all dues from the petitioners. She further submits that her daughter namely Kyra Banerjee shall remain in her custody. She further submits that she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and 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 and also the marriage between the petitioner No. 1, Mr.Koustav Banerjee and respondent No.2, Ms.Sayanti Banerjee has already been dissolved by mutual consent by a decree of divorce dated 07.04.2015 and also the custody of minor daughter namely Kyra Banerjee is in the custody of natural guardian i.e. respondent No.2, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.66/2014, under Sections 498-A/406 IPC, registered at Police Station-Chitranjan Park, Delhi and all proceedings arising of the same are hereby quashed.

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

I.S.MEHTA, J JULY 31, 2017/sr