Manish Talreja v. State & ANR

$,-57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 28 12/2017 MANISH TALREJA .....Petitioner Through: Mr. Sumit Choudhary, Advocate with the petitioner in person.

versus STATE & ANR Respondents Through: Mr.Hirein Sharma, APP for State with SI Babita, P.S. Punjabi Bagh, Delhi.

Mr.Mayank Soni, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

ORDER

(V0 21.07.2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioner for quashing of FIR No.385/2012, under Sections 498-A/406/34 ]SPC, registered at Police Station-Punjabi Bagh, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioner submits that the marriage between the petitioner and the respondent No.2 was solemnized on 0 1.09.2008 as per Hindu rites and customs at Delhi. Counsel further submits that after the marriage due to temperamental differences, a misunderstanding had arisen between the parties, which resulted into the registration of aforesaid FIR against the petitioner. Counsel further submits that after the registration of By:AMULYA

the FIR, the near relatives and the friends intervened and the matter in dispute has been amicably settled between the parties vide Memorandum of Understanding dated 20.07.20 17 and the terms of the said settlement have been acted upon between the parties. Counsel for the petitioner further submits that since the matter has been amicably resolved between the parties and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of both the parties and prays that the FIR in question and all proceedings arising therefrom may be quashed.

Smt.Sunita Maihotra, who is the Special Power of Attoimey and mother of the respondent No.2/complainant Mrs.Ashita Malhotra, is present in Court today and has been identified by the TO SI Babita, P.S. Punjabi Bagh, Delhi and admits that the matter has been amicably settled with the petitioner. She further submits that the said settlement arrived at with the petitioner is voluntary and without any force, pressure or coercion and she does not want any further action qua against the petitioner and 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 the same has been reduced into writing on 20th July, 2017 and nothing further remains to be adjudicated between them, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same. Consequently, FIR. No.385/2012, under Sections 498-A/406/34 IPC, registered at Police tation-Punjabi Bagh, Delhi and all the proceedings emanating therefrom are hereby quashed.

The present petition is allowed and stands disposed of accordingly. Parties shall remain bound by the terms of the Memorandum of Understanding/Compromise dated 20.07.2017.

Copy of this order be given dasti, as prayed. JULY 249 2017 'dc'