Dheeraj @ Vipin Kumar & ORS v. State Of NCT Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4797/2016 DHEERAJ @ VIPIN KUMAR & ORS ..... Petitioners Through:

Mr.Krishna Dev Pandey, Advocate with the petitioners in person.

versus STATE OF NCT DELHI & ORS ..... Respondents Through:

Mr.Raghwinder Varma, APP for State with Sub Inspector Sachin, P.S.

Bharat Nagar, Delhi.

Mr.R.K.Bharti, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 22.12.2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of the FIR bearing No.453/2015, under Sections 406/498-A/34 IPC, registered at Police Station Bharat Nagar, Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the petitioner No.1 was the husband, petitioner No.2 was the mother-in-law, petitioner No.3 was the brother-in-law, petitioner No.4 was the sister-in-law and the petitioner No.5 was the brother-in-law of the respondent No.2/complainant. Learned counsel has further submitted that the marriage between the

petitioner No.1 and the respondent No.2 Mamta was solemnized on 11.01.2014. Counsel further submits that after the marriage, due to temperament differences, disputes had arisen between the parties, resulting into the registration of FIR bearing No.453/2015, under Sections 406/498A/34 IPC, registered at Police Station Bharat Nagar, Delhi. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the matter has been amicably settled and the same has been reduced into writing before the Family Court on 02.09.2016. Counsel further submits that as per the terms of the said settlement, the petitioner had already handed over the due amount to the respondent No.2/complainant and the last instalment of Rs.

59,000/- towards the said settlement has also been handed over to her by way of demand drafts bearing No.433422 and 300612 dated 21.12.2016 and 22.12.2016, drawn on the Delhi State Co-operative Bank Ltd. in the sum of Rs.34,000/- and rs.25,000/- and nothing is due and payable to her and further submits that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved by judgment and decree dated 02.09.2016 and prays that since the matter has been amicably settled between the parties, the present FIR, which is coming as a hurdle in the peaceful life of the parties, may be quashed. The respondent No.2/complainant is present in Court and has been identified by the Investigating Officer, SI Sachin, P.S. Bharat Nagar, Delhi. and her counsel Mr.R.K.Bharti, Advocate.

The complainant admits that she has amicably settled the matter with the petitioners voluntarily and without any force, pressure or coercion. She further admits that she has received all due amounts from the petitioners and nothing is due and payable to her and further admits that her marriage with the petitioner No.

dissolved by judgment and decree dated 02.09.2016 and nothing further remains to be adjudicated between the parties. Keeping in view the facts and circumstance, since the matter has already been settled/compromised between the parties, the marriage of the petitioner No.1 and the respondent No.2/complainant has already been dissolved by judgment and decree dated 02.09.2016 and nothing further remains to be adjudicated between the parties, to meet the ends of justice, I deem it appropriate to quash the FIR in question. Consequently, FIR bearing No.453/2015, under Sections 406/498A/34 IPC, registered at Police Station Bharat Nagar, Delhi and all subsequent proceedings arising therefrom are hereby quashed. I.S.MEHTA, J DECEMBER 22, 2016 'dc'