Manoj Kumar v. State & ANR

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3148/2017 MANOJ KUMAR ..... Petitioner Through:

Mr.Sanjay K Sharma, Adv.

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

Mr.Izhar Ahmad, APP for State SI Neeraj Kumar, PS-Gazipur, Delhi Mr.Pradeep Tiwari, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.08.2017 CRL.M.A.12997/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3148/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.967/2014, under Sections 494/498-A/406/34 IPC, registered at Police Station-Ghazipur, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner got married with respondent No.2 on 14.05.2014 according to Hindu rites and customs. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences in Delhi Mediation Centre, Karkardooma Courts, Delhi vide compromise deed dated 28.04.2017. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as

hurdle in the way of the present petitioner. He further submits that the petitioner and the respondent No.2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant, Ms.Varsha is present in Court today and has been identified by the Investigating Officer, SI Neeraj Kumar, PS-Gazipur, Delhi. The complainant also admits that the matter has been amicably settled with the petitioner and as per the terms of settlement, she has already received Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) from the petitioner and nothing remains due against the petitioner. She further submits that she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that she has no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.967/2014, under Sections 494/498-A/406/34 IPC, registered at Police Station-Ghazipur, Delhi and all proceedings arising of the same are hereby quashed. Parties to remain bound by the terms of settlement dated 28.04.2017.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J AUGUST 11, 2017/sr