Gaurav Arora & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2939/2017 GAURAV ARORA & ORS ..... Petitioners Through:

Mr.Vinod Trisal, Advocate with the petitioners in person.

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

Mr.Izhar Ahmad, APP for State with W/ASI Sajni Devi, P.S. North Rohini, Delhi.

Mr.Rohit Sharma, Advocate for Respondent No. 2 with Respondent No. 2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 31.07.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.364/2015, under Sections 498-A/406/34 IPC, registered at Police Station North Rohini, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1 Gaurav Arora got married with respondent No.2, Ms.Ekta on 20.11.2013 according to Hindu rites and customs. 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 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

between the parties and the same has been reduced into writing before the Mediation Centre, Rohini District Court, Delhi on 6th June, 2016. Counsel further submits that the said settlement entered into between the parties is voluntary and without any force, pressure or coercion and the same has 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 lac has also been paid to her vide demand draft bearing No.004627 dated 20.07.2017 drawn on Axis Bank and nothing further remains to be paid to her. 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 05.07.2017 passed by the Principal Judge, Family Court (North West), Rohini, 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 petitioners and submits that the FIR and all subsequent proceedings arising therefrom may be quashed.

The respondent No.2/complainant, Ms.Ekta is present in Court today and has been identified by the Investigating Officer, W/ASI Sajni Devi,PS North Rohini, Delhi and also represented by her counsel. The respondent No.2/complainant admits the factum of amicable settlement with the petitioners and execution of settlement agreement before the Mediation Centre, Rohini Courts, Delhi on 06.06.2016. She further admits that in terms of said settlement she has received all due amounts from the petitioners and nothing further remains to be paid to her. She further admits that her marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 05.07.2017 passed by the Principal Judge, Family Court

(North West), Rohini, 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 and the same has been reduced into writing before the Mediation Centre, Rohini District Court, Delhi on 6th June, 2016 and the same has 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 nothing further remains to be paid to her and the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 05.07.

2017 passed by the Principal Judge, Family Court (North West), Rohini, Delhi and nothing further remains to be adjudicated between the parties, 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.364/2015, under Sections 498-A/406/34 IPC, registered at Police Station North Rohini, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the settlement agreement dated 06.06.2016.

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 JULY 31, 2017 'dc'