Surender v. State Govt Of NCT Of Delhi & ANR
$~43 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3447/2017 SURENDER ..... Petitioner Through:
Mr.Raj Babu, Advocate with the petitioner in person.
versus STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:
Mr.Izhar Ahmad, APP for State with SI Ramesh Kumar, P.S. Chandni Mahal, Delhi.
Mr.Jai Kishan, Advocate for R-2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 30.08.2017 Crl.M.A.No.14074/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 3447/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.62/2016, under Sections 498-A/307 IPC, registered at Police Station Chandani Mahal, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner Surender got married with the respondent No.2, Smt. Poonam on 08.05.2002
according to Hindu rites and customs at Delhi and out of the said wedlock two children i.e. one son and one daughter were born. Counsel further submits subsequently a misunderstanding had arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioner. Counsel further submits that after the registration of the aforesaid FIR, the near relatives and friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing vide MoU dated 10.08.2017 and in terms of the said settlement the respondent No.2 along with her two minor children has joined her matrimonial home and now she is living with her husband happily and peacefully and nothing further remains to be adjudicated between them, however, the present FIR is coming as hurdle in the peaceful life of the parties and prays that the FIR in question and all proceedings arising therefrom may be quashed.
The respondent No.2/complainant, Smt. Poonam is present in Court today and has been identified by the Investigating Officer, SI Ramesh Kumar, P.S. Chandni Mahal, Delhi and also represented by her counsel. The respondent No.2/complainant present in person admits that the misunderstanding has been sorted out and the matter has been amicably settled with the petitioner and as per the terms of settlement, she along with her two minor children has joined her matrimonial home and leading a happy and peaceful married life and she does not want any action against the petitioner and she has no objection if the present FIR is quashed. Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and the respondent No.2/complainant along with her two minor children has joined her
matrimonial home and leading a happy and peaceful married life, to have peace in the matrimonial life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising out of the same.
Consequently, FIR No.62/2016, under Sections 498-A/307 IPC, registered at Police Station Chandani Mahal, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the MoU dated 10.08.2017.
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 30, 2017 'dc'