Tejinder Singh Bindra & ORS v. State Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2811/2017 TEJINDER SINGH BINDRA & ORS ..... Petitioners Through:
Mr.Aditya Tripathi, Advocate with the petitioners in person.
versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:
Mr.Raghuvinder Varma, APP for State with SI Gajender Singh, P.S.
CWC Nanakpura, New Delhi.
Ms.Divya Malhotra, Advocate for R2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 24.07.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.130/2016, under Sections 498-A/406/34 IPC, registered at Police Station CAW Cell, Nanakpura, New Delhi and all the proceedings emanating therefrom.
Learned counsel for the petitioners has submitted that the petitioner No.1 and the respondent No.2 got married on 23.09.2012 as per Sikh rites and customs.
Counsel further submits that after the marriage a misunderstanding has arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the matter in dispute has been amicably settled and the same has been reduced into writing and the contents of the same are incorporated at pages 9-10 of the present petition. Counsel further submits that the terms of the said settlement have been acted upon between the parties and all due
amounts as per the settlement have been paid by the petitioners to the respondent No.2 and the last instalment amounting to Rs.1,75,000/- has also been paid to her vide demand draft bearing No.495437 dated 01.07.2017 drawn on United Bank of India and nothing further remains to be paid to her. Counsel further submits that the marriage between the petitioner and the respondent No.2 has already been dissolved vide judgment and decree dated 04.05.2017 passed by the Principal Judge (South), Saket Courts, New Delhi and adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the present petitioners and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Ms.
Tanveet Kaur is present in Court today and has been identified by the Investigating Officer, SI Gajender Singh, P.S. CWC Nanakpura, New Delhi and also represented by her counsel. The respondent No.2/complainant present in person admits the factum of amicable settlement with the petitioners. She further submits that her marriage with the petitioner has already been dissolved vide judgment and decree dated 04.05.2017 passed by the Principal Judge (South), Saket Courts, New Delhi and adjudicated between them and nothing further remains to be adjudicated between them and he has no objection if the FIR in question is quashed.
Keeping in view the above facts and circumstances since the matter in dispute has been amicably settled between the parties and the terms of the settlement have been acted upon between the parties and all due amounts as per settlement have been received by the respondent No.2 from the petitioners and the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 04.05.2017
passed by the Principal Judge (South), Saket Courts, New Delhi and nothing further remains to be adjudicated between them, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising therefrom. Consequently, the FIR No.130/2016, under Sections 498-A/406/34 IPC, registered at Police Station CAW Cell, Nanakpura, New Delhi and all the proceedings emanating therefrom are hereby quashed.
The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JULY 24, 2017 'dc'