Inderjeet Thapar & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4826/2016 INDERJEET THAPAR & ORS.

..... Petitioners Through Mr.B.S. Chauhan, Advocate with petitioner No.1 in person versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through Mr.G.M. Farooqui, APP for State Respondent No.2 in person SI Govind Singh, P.S. Uttam Nagar SI Rakesh Rana, Prashant Vihar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 22.12.2016 Crl.M.A.No.20040/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

Crl. M.C. 4826/2016 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.255/2012, under Section 498-A/406/34 IPC, P.S. Prashant Vihar and FIR No.558/2013, under Sections 307/34 IPC, registered at Police Station Uttam Nagar, Delhi.

It is submitted by learned counsel for the petitioners that the petitioner No.1 is the husband, the petitioner No.2 is the father-in-law, the petitioner

No.3 is the mother -in-law and the petitioner No.4 is the sister-in-law of the respondent No.2/complainant. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2/complainant was solemnized on 22.07.2015 and out of the said wedlock, two children i.e. one boy child namely Lakshay and one girl child namely Dinkey were born. Counsel further submits that after the marriage, due to misunderstanding a quarrel had taken place resulting into the registration of aforesaid two FIRs. He further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties before the Mediation Centre, Tis Hazari Courts, Delhi vide Settlement Agreement dated 21.11.2013. Counsel further submits that the wife i.e. respondent No.

2 along with children joined the matrimonial home and there is no dispute between the husband and the wife. Counsel further submits that since the matter has been amicably settled and nothing remains to be adjudicated between them, the FIRs in question, which are coming as a hurdle in the peaceful life and matrimonial relations of the petitioners, may be quashed. The respondent No.2/complainant is present in person and has been identified by the Investigating Officers and admits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. She further submits that she has already joined the matrimonial home along with children and living peacefully in the matrimonial home happily.

She also submits that she has no objection, if the FIRs in question are quashed. Since the matter has been settled between the parties and the complainant is residing with petitioner No.

happily, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to maintain their matrimonial relations, FIR No.255/2012, under Section 498-A/406/34 IPC, P.S. Prashant Vihar and FIR No.558/2013, under Sections 307/34 IPC, registered at Police Station Uttam Nagar, Delhi and all the proceedings arising therefrom are quashed. Parties to remain bound by the terms of Settlement Agreement dated 21.11.2013.

The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 22, 2016/km