Girish Yadav v. State & ANR
$~49 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3466/2017 GIRISH YADAV ..... Petitioner Through:
Mr. Sanjay Nuli, Advocate with Mr.
Saket Gogia, Advocate with petitioner present in person versus STATE & ANR ..... Respondent Through:
Mr. Kamal Kr. Ghei APP for State, with S.I Ranjit P.S- Neb Sarai, with Mr. Setu Niket, Advocate, with Ms.
Esha Mazumdar, Advocate with R-2 present in person
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 30.08.2017 CRL.M.A.14134/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 3466/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.515/2013, under Sections 498-A/406/34 IPC, registered at Police Station-Neb Sarai, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1, Mr.Girish Yadav got married with respondent No.2, Ms.Pooja Yadav on 28.02.2011 according to Hindu rites and customs at Tumkur, Karnataka. 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 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 23.11.2015 granted by the Principal Judge, Family Courts, South, Saket, Delhi. 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.Pooja Yadav is present in Court today and has been identified by the Investigating Officer, SI Ranjit Tokas, PS-Neb Sarai, 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 all dues from the petitioner and the last instalment of Rs. 7,50,000/- (Rupees Seven Lakhs and Fifty Thousand only) has been received by her through DD no. 963956 dated 28.08.2017. She further submits that she has no claim or grievance left against the petitioner.
She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and she has no objection if the FIR in question is quashed.
marriage between the petitioner No. 1, Mr.Girish Yadav and respondent No.2, Ms.Pooja Yadav has already been dissolved by mutual consent by a decree of divorce dated 23.11.2015, and it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.515/2013, under Sections 498-A/406/34 IPC, registered at Police Station-Neb Sarai, Delhi and all proceedings arising of the same are hereby quashed. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.
I.S.MEHTA, J AUGUST 30, 2017/RV