Vinod Arora & ORS v. State & ANR

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3043/2017 VINOD ARORA & ORS ..... Petitioners Through:

Mr.Jaswinder S.Nischal and Mr.Rahul Thukral, Advocates with the petitioners in person.

versus STATE & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State with SI Ramesh Dutt, P.S. Bindapur, Delhi.

R-2/complainant in person.

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.206/2012, under Sections 498-A/406/506/34 IPC, registered at Police Station Bindapur, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1 Vinod Arora got married with respondent No.2 Richa on 24.03.2010 according to Hindu rites & customs at New Delhi and out of the said wedlock one female child namely Vibhooti was born on 21.08.2011. Counsel further submits that after the birth of the child, a misunderstanding had arisen between the parties which resulted into registration of the aforesaid FIR against the petitioners. Counsel 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

in terms of the said settlement, the respondent No.2 along with her minor child joined her matrimonial home and started living with her husband (petitioner No.1) and minor child at the matrimonial home happily and peacefully. Counsel further submits that after joining her matrimonial home, one another daughter, namely Dhani was born out of the wedlock of the parties on 02.07.2015 and the respondent No.2 along with her two minor daughters is living at her matrimonial home with her husband happily and peacefully and she has no grievance left against the petitioners and nothing further remains to be adjudicated further between the parties, however, the present FIR is coming as hurdle in the peaceful life of the petitioners and submits that the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant Smt. Richa is present in Court today and has been identified by the SI Ramesh Datt, P.S. Bindapur, Delhi. The respondent No.2/complainant present in person admits the factum of amicable settlement with the petitioners. She further admits that in terms of the said settlement she has joined her matrimonial home and now she along with her two minor daughters is living with her husband at her matrimonial home happily and peacefully and she does not want any further action against her husband and other petitioners and she has no objection if the FIR in question is quashed.

Looking into the above facts and circumstances since the matter has been amicably settled between the parties and the same has been acted upon between the parties and the respondent No.2 along with her two minor daughters has joined her matrimonial home and now she is living at her matrimonial home happily and peacefully, to have peace in the life of the

parties and for smooth running of the matrimonial life in present and in future and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising of the same. Consequently, FIR No.206/2012, under Sections 498-A/406/506/34 IPC, registered at Police Station Bindapur, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the settlement.

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 'dc'