Naveen & ORS v. State (NCT Of Delhi) & ANR

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 312/2017 NAVEEN & ORS ..... Petitioners Through:

Mr.Manish Kumar, Adv. with Mr.Shripal Singh, Adv.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State ASI Krishan Pal, P.S. Amar Colony

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 25.04.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.1121/2015, under Sections 498A/406/34 IPC, registered at Police Station-Amar Colony, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that petitioner No.1 got married with the respondent No.2 on 05.12.2014 according to Hindu rites and customs but due to certain temperamental differences and misunderstanding arisen between them, the respondent No.2 got registered the aforementioned FIR against the petitioners. He further submits that consequently with the help of near relatives and close friends, the parties have amicably settled all their disputes and differences and their marriage has also been dissolved by mutual consent by a decree of divorce dated 31.03.2017 granted by the Principal Judge, Family Court, Saket, Delhi. He further submits that since all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and also the

fact that the FIR in question is coming as hurdle in the way of the present petitioners, the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant is present in the Court today and has been identified by the Investigating Officer, ASI Krishan Pal, P.S. Amar Colony. The complainant also admits that the matter has been amicably settled with the petitioners and she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and she 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 also the marriage between the petitioner No.1 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce dated 31.03.2017, it is in their interest to lead their independent and peaceful life in future. Consequently, the FIR No. 1121/2015, under Sections 498A/406/34 IPC, registered at Police Station-Amar Colony, Delhi and all the proceedings arising out of the same are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J APRIL 25, 2017/km