Prince Jamwal & ORS v. The State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2888/2017 PRINCE JAMWAL & ORS ..... Petitioners Through:

Mr.Rakesh Kumar Sharma, Advocate with the petitioners in person.

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

Mr.Kamal Kr. Ghei, APP for State with W/ASI Sajni Devi, P.S. North Rohini, Delhi.

Mr.Manish Kumar Pathak, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 27.07.2017 CRL.M.A.11979/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2888/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner for quashing of FIR No.1044/2014, under Sections 498-A/406/34 IPC, registered at Police Station North Rohini, Delhi and all proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the petitioner No.1 Prince Jamwal got married with the respondent No.2 Smt. Jagriti on 10.12.2013 as per Hindu rites and customs at Delhi. Counsel further submits that after the marriage, a misunderstanding had arisen between the parties, which resulted into registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing before the Counselling Cell on 05.02.2016 and the terms of the said settlement have been acted upon between the parties voluntarily and without any force, pressure or coercion and all due amounts as per settlement have been paid to the respondent No.

2 and the last instalment to be paid to the respondent No.2 in the present FIR is Rs.3 lacs, out of which an amount of Rs.2 lacs has been paid in this FIR vide demand draft bearing No.008372 dated 26.07.2017 in favour of respondent No.2 drawn on HDFC Bank and the balance and remaining amount of Rs.1 lac has to be paid in the quashing of another FIR. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 20.10.2016 passed by the Principal Judge, Family Courts (North-West), Rohini Courts, 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 parties, and prays that the FIR and all proceedings arising therefrom may be quashed. The respondent No.

2/complainant Smt. Jagriti is present in Court in person and has been identified by the Investigating Officer W/ASI Sajni Devi, P.S. North Rohini, Delhi and also represented through counsel.

respondent No.2 present in person admits the factum of amicable settlement with the petitioner and reducing down of the same in writing vide settlement deed dated 05.02.2016. She further admits that her marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 20.10.2016 passed by the Principal Judge, Family Courts (North-West), Rohini Courts, Delhi and nothing further remains to be adjudicated between the parties. She further submits that she has received all due amounts from the petitioners towards the quashing of the present FIR and she is left with no claim or grievance against the petitioners and submits that she has no objection if the FIR in question is quashed.

Looking into the aforesaid facts and circumstances, since the matter has been amicably settled between the parties and the same has been reduced into writing vide settlement deed dated 05.02.2016 and the terms of the said settlement have been acted upon between the parties and all due amounts as per settlement have been paid by the petitioners to the respondent No.2 towards the quashing of the present FIR and the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 20.10.

2016 passed by the Principal Judge, Family Courts (North-West), Rohini Courts, Delhi and nothing further remains to be adjudicated between the parties, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all subsequent proceedings arising from the same. Consequently, FIR No.1044/2014, under Sections 498-A/406/34 IPC, registered at Police Station North Rohini, Delhi and all proceedings arising therefrom are hereby quashed. Parties shall remain bound by the terms of the settlement dated 05.02.

Counsellor on 05.02.2016.

The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JULY 27, 2017 'dc'