Deepak v. State Of NCT & ANR

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3013/2017 DEEPAK ..... Petitioner Through:

Mr.Priyashu Upadhyay and Ms.Sudha Rani Saxena, Advocates with the petitioner in person.

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

Mr.Kamal Kr. Ghei, APP for State with SI Omveer Singh, P.S. Nand Nagri, Delhi.

R-2 Mamta in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 04.08.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.234/2015, under Sections 498-A/406/34 IPC, registered at Police Station Nand Nagri, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner has submitted that the petitioner Deepak got married with respondent No.2, Ms.Mamta on 30.01.2013 according to Hindu rites and customs at Delhi. He further submits that after the marriage a misunderstanding has arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioner. 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 between the parties before the Delhi Government Mediation and Conciliation Centre on 19.02.2016 and the same has been acted upon

between the parties. Counsel further submits that the marriage between the petitioner and the respondent No.2 has already been dissolved vide judgment and decree dated 01.05.2017 passed by the Principal Judge, Family Court Karkardooma Courts, Shahdara, Delhi and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the petitioner and submits that the FIR and all subsequent proceedings arising therefrom may be quashed. The respondent No.2/complainant, Ms.Mamta is present in Court today and has been identified by SI Omveer Singh, P.S. Nand Nagri, Delhi. The respondent No.2/complainant admits the factum of amicable settlement with the petitioner before the Delhi Government Mediation and Conciliation Centre on 19.02.2016.

She further admits that her marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 01.05.2017 passed by the Principal Judge, Family Court Karkardooma Courts, Shahdara, Delhi and nothing further remains to be adjudicated between them and she has no objection if the FIR in question is quashed. Looking into the above facts and circumstances, since the matter in dispute has been amicably settled between the parties before the Delhi Government Mediation and Conciliation Centre on 19.02.2016 and the marriage between the petitioner No.1 and respondent No.2 has already been dissolved vide judgment and decree dated 01.05.

2017 passed by the Principal Judge, Family Court Karkardooma Courts, Shahdara, Delhi and nothing further remains to be adjudicated between, 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, FIR No.

registered at Police Station Nand Nagri, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the settlement dated 19.02.2016.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J AUGUST 04, 2017 'dc'