Vijay Garg v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4838/2016 VIJAY GARG ..... Petitioner Through:

Mr.Vijay Singh and Mr.S.M.Sangwan, Advocates with the petitioner in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr.G.M.Farooqui, APP for State.

Mr.Sanjeev Kumar, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 23.12.2016 CRL.M.A.20100/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4838/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.179/2012, under Sections 420/495/498-A/323/447/506 IPC registered at Police Station Mandawali Fazadpur, Delhi and all the proceedings emanating therefrom.

Counsel for the petitioner has submitted that the marriage between the

petitioner and the respondent No.2 was solemnized on 28.11.2008 as per Hindu rites and ceremonies at Delhi. Counsel for the petitioner has further submitted that after the marriage, due to temperamental differences arisen between the parties, an FIR No.179/2012, under Sections 420/495/498A/323/447/506 IPC was got registered by the respondent No.2/complainant at Police Station Mandawali Fazadpur, 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 said settlement has been reduced into writing before the Principal Counsellor, East District, Family Court, Vishwas Nagar, Delhi on 29.04.2016. Counsel further submits that as per the settlement all the due amount has been paid by the petitioner to the respondent No.

2/complainant and nothing due remains to be paid to her. Counsel further submits that the marriage between the parties has already been declared as null and void vide order dated 02.09.2016 and nothing further remains to be adjusted between them and prays that 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 today and has been identified by her counsel. The respondent No.2 admits that the matter has been amicably settled with the petitioner voluntarily and without any force, pressure or coercion and that she has no claim or grievance left against the petitioner. She further submits that her marriage with the petitioner has already been declared as null and void vide order dated 02.09.2016 and nothing further remains to be adjudicated between the parties and further submits that 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 marriage between the parties has already been declared as null and void and nothing further remains to be adjudicated further, to meet the ends of justice, I deem it appropriate to quash the FIR in question.

Consequently, FIR No.179/2012, under Sections 420/495/498A/323/447/506 IPC registered at Police Station Mandawali Fazadpur, Delhi and all the proceedings emanating therefrom are hereby quashed. The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 23, 2016 'dc'