Amrit Pal Singh Chopra & ANR v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3010/2017 AMRIT PAL SINGH CHOPRA & ANR ..... Petitioners Through:

Mr.Rajal Rai Dua and Mr.Sachendra Kr. Sharma, Advocates with the petitioners in person.

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

Mr.Kamal Kr. Ghei, APP for State with ASI Radhesh Kumar, P.S. Model Town, Delhi.

R-2 Amanpreet Court in person with counsel.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 04.08.2017 CRL.M.A.12463/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3010/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.236/2015, under Sections 498-A/406/34 IPC, registered at Police Station Model Town, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that the petitioner No.1 Amrit Pal Singh Chopra got married with respondent No.2, Amanpreet Kaur on 07.04.2013 as per Sikh rites and customs. He further submits that after the marriage a misunderstanding has arisen between the parties which

resulted into the registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the matter in dispute has been amicably settled between the parties and oral statements of the parties have been recorded before the Principal Judge, Family Court (North-West), Rohini, Delhi on 31.05.2017 and the said settlement has been acted upon between the parties and all due amounts as per the settlement have been paid by the petitioners to the respondent No.2 and the last instalment amounting to Rs.30,000/- has also been paid to her vide demand draft bearing No.779770 dated 02.08.2017 drawn on State Bank of India and nothing further remains to be paid to her. Counsel further submits that the marriage between the petitioner No.

1 and the respondent No.2 has already been dissolved vide judgment and decree dated 31.05.2017 passed by the Principal Judge, Family Court (North-West), Rohini, Delhi and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the petitioners and submits that the FIR and all subsequent proceedings arising therefrom may be quashed. The respondent No.2/complainant, Ms.Amanpreet Kaur is present in Court today and has been identified by ASI Radhesh Kumar, P.S. Model Town, Delhi and also represented by her counsel. The respondent No.2/complainant admits the factum of amicable settlement with the petitioners and recording of their statements before the Family Court, Rohini, Delhi on 31.05.2017.

She further admits that in terms of said settlement she has received all due amounts from the petitioners and nothing further remains to be paid to her. She further admits that her marriage with the petitioner No.

dated 31.05.2017 passed by the Principal Judge, Family Court (Nrth-West), Rohini, Delhi and nothing further remains to be adjudicated between them and she has no objection if the FIR in question is quashed. Looking into the above facts and circumstances, since the matter in dispute has been amicably settled between the parties and oral statements of the parties have been recorded before the Principal Judge, Family Court (North-West), Rohini, Delhi on 31.05.2017 and the said settlement has been acted upon between the parties and all due amounts as per the settlement have been paid by the petitioners to the respondent No.2 and the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 31.05.

2017 passed by the Principal Judge, Family Court (North-West), Rohini, Delhi and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising therefrom. Consequently, FIR No.236/2015, under Sections 498-A/406/34 IPC, registered at Police Station Model Town, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the settlement and their statements recorded before the Principal Judge, Family Court, Rohini, Delhi on 31.05.2017.

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 04, 2017 'dc'