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

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4656/2016 PRAVEEN KUMAR ..... Petitioner Through:

Mr.Hitesh Bhardwaj and Mr.K.K.Upadhyay, Advocates with the petitioner in person.

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

Mr.Raghwinder Varma, APP for State with SI Pawan Singh, P.S. Krishna Nagar, Delhi.

Mr.Rahul Meena, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 16.12.2016 Crl.M.A.No.19422/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4656/2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner for quashing of the FIR bearing No.138/2013, under Sections 498A/328/34 IPC, registered at Police Station Krishna Nagar, Delhi. Learned counsel for the petitioner submits that the marriage between

the petitioner and the respondent No.2/complainant was solemnized on 30th June, 2009 as per Hindu rites and ceremonies at Delhi. Counsel further submits that after the marriage, due to some misunderstanding, the complainant/wife got registered an FIR bearing FIR No.138/2013, under Sections 498A/328/34 IPC at Police Station Krishna Nagar, 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 vide settlement deed dated 29th November, 2016. Counsel further submits that in terms of the said settlement, the petitioner and the respondent No.2/complainant are living together as husband and wife at the matrimonial house peacefully and without any kind of complaint or grievance to the complainant/respondent No.2.

Counsel further submits that all the misunderstanding has now been sorted out 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 to lead peaceful and happy married life in near future, may be quashed.

Respondent No.2/complainant is present in Court and has been identified by the Investigating Officer, SI Pawan Singh, P.S. Krishna Nagar, Delhi. The respondent No.2/complainant admits that she has amicably settled the matter with the petitioner and now she is peacefully and happily living together with her husband at her matrimonial home and nothing further remains to be adjudicated between them and has no objection if the FIR is quashed.

Looking into the facts and circumstances since the matter has been amicably settled between the parties and the petitioner and the respondent No.2/complainant are now living together as husband and wife at

matrimonial house and nothing further remains to be adjudicated between the parties, consequently, to meet the ends of justice, I quash the FIR bearing No.138/2013, under Sections 498A/328/34 IPC, registered at Police Station Krishna Nagar, Delhi and all subsequent proceedings arising therefrom.

The present petition stands disposed of.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 16, 2016 'dc'