Anoop Kumar Mandal & ORS v. State (Govt Of NCT) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3045/2017 & CRL. M. A. 12637/2017 ANOOP KUMAR MANDAL & ORS ..... Petitioners Through :

Mr. Ambika Ray with Mr Vinay Kumar, Advocates versus STATE (GOVT OF NCT) & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Deepak, P.S. Khyala Mr. R. K. Kohli with Mr Vinit Virmani, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 08.08.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.231/2012, under Sections 498-A/406/34 IPC, registered at Police Station Khayala, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1 Anoop Mandal got married with respondent No.2 Nilima Sarkar on 26.11.2009 as per Hindu rites & customs. Counsel for the petitioners further submits that after marriage, a misunderstanding had arisen between the parties which resulted into registration of the FIR No.231/2012 under Sections 498-A/406/34 IPC, Police Station Khayala, Delhi against the petitioners. Counsel for the petitioners further submits that after the registration of the aforesaid FIR, the near relatives and the friends

intervened and the matter has been amicably settled between the parties and the same is reduced down in writing before the Counselling Cell, Principal Judge (West), Tis Hazari Courts, Delhi on 26.07.2016. Counsel for the petitioners has further submitted that the said settlement is acted upon between the parties without pressure and coercion. Counsel for the petitioners has further submitted that the petitioner No.1 Anoop Mandal has paid all the settled amount and the last instalment amounting to Rs. 1,50,000/- has been paid vide DD No. 739846 dated 03.08.2017 and nothing remains to be paid further. Counsel for the petitioners has further submitted that the marriage between the petitioner No.1 and the respondent No. 2 Smt. Nilima Sarkar is dissolved vide judgment and decree dated 27.03.

2017 passed by the Additional Principal Judge, Family Court (West), Delhi in HMA No.225/2017 and further submitted that nothing remains to be adjudicated further between the parties, however, the present FIR which is coming as hurdle in the peaceful life of the parties and all proceedings arising therefrom be quashed.

Respondent No. 2 Nilima Sarkar is present in Court, who is identified by the IO, SI Deepak and represented through counsel Mr. Vinit Virmani. Respondent No. 2 admits the factum of amicable settlement with the petitioners and receiving all the settled amount as full and final settlement amount. She further admits that the marriage with the petitioner No.1 is already dissolved on 27.03.2017 and she has no objection if the aforesaid FIR is quashed.

Looking into the above facts and circumstances, since the disputes between the parties have already settled without pressure and coercion and voluntarily, nothing remained to be adjudicated further.

In these

circumstances, to have peace to both the families and to have good relations in present and near future, and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR No. 231/2012 under Sections 498A/406/34 IPC of Police Station Khayala, Delhi and all subsequent proceedings arising therefrom.

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 AUGUST 08, 2017 SR