High Court of DelhiCRL.M.C./4877/2016

Atul Suri & ORS. v. State & ANR.

2017-04-27Hon'Ble Mr. Justice I.S.Mehta3 pages

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4877/2016 ATUL SURI & ORS.

..... Petitioners Through:

Mr.M.S.Bammi and Ms.Lalima Prashar, Advocates with Petitioner No.1 & 4 in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State with ASI Shri Ram, P.S. Hari Nagar, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 27.04.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.369/2010, under Sections 498-A/406/34 IPC, registered at Police Station Hari Nagar, Delhi, and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that petitioner No.1 Atul Suri got married with the respondent No.2 Smt.Gagandeep Kaur on 18.12.2005 according to Hindu rites and customs. Counsel further submits that after the marriage misunderstanding had arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioners. He further submits that after the registration of the FIR, the near relatives and friends intervened and the matter has been amicably settled

between the parties and statement to this effect has been recorded before the Court of learned Addl. District Judge, Delhi on 23.01.2014. 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 30.01.2014 passed by the Add. District Judge, Delhi and nothing remains to be adjudicated further between the parties; however, the FIR in question is coming as hurdle in the peaceful life of the present petitioners, and prays that the FIR and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Smt. Gagandeep Kaur is present in the Court today and has been identified by the Investigating Officer, ASI Shri Ram, P.S. Hari Nagar, Delhi. The respondent No.

2/complainant present in person admits that the matter has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and statement to this effect has been recorded before the Court of learned Addl. District Judge, Delhi on 23.01.2014. She further admits that her marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 30.01.2014 passed by the Add. District Judge, Delhi and nothing remains to be adjudicated further between the parties and further submits that she has no objection if the FIR in question is quashed. Looking into the aforesaid facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and statement to this effect has been recorded before the Court of learned Addl. District Judge, Delhi on 23.01.

2014 and that the marriage between the petitioner No.1 and respondent No.2 has already been dissolved vide judgment and decree dated 30.01.2014 passed by the Add.

have peace in the life of both families, I deem it appropriate to quash the aforesaid FIR and all proceedings arising from the same. Consequently, the FIR No.369/2010, under Sections 498-A/406/34 IPC, registered at Police Station Hari Nagar, Delhi, and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the terms of the settlement. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as parties. I.S.MEHTA, J APRIL 27, 2017 'dc'