Kailash & ORS v. State (NCT) Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3373/2017 KAILASH & ORS ..... Petitioners Through:

Mr. Vikas Padora with Mr. Dipanshu Chugh, Advocates with the petitioners present in person.

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

Mr.Kamal Kr. Ghei, APP for State with S.I. P.L. Meena P.S. Aman Vihar, Delhi.

R-2/complainant present in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 25.08.2017 CRL.M.A.13768/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3373/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.170/2012, under Sections 498-A/406/34 IPC, registered at Police Station-Aman Vihar, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1 Mr. Kailash got married with respondent No.2, Ms. Neetu on 27.02.2009 according to Hindu rites and customs and out of the said wedlock two

daughters were born. He further submits that thereafter a misunderstanding has arisen between the parties which resulted into registration of the aforesaid FIR against the petitioners. 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 in terms of the said settlement the petitioner No.1 and the respondent No.2 along with their two minor daughters are living together at the matrimonial home and leading a happily and peaceful married life and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the personal and peaceful life of the parties and prays that the FIR and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Ms.

Neetu is present in Court today and has been identified by the Investigating Officer, SI P.L Meena, P.S-Aman Vihar, Delhi. The respondent No.2/complainant present in person admits that the matter has been amicably settled between the parties and in terms of the said settlement she along with her two minor daughters is living with her husband (petitioner No.1 herein) at the matrimonial home and leading a happily and peaceful married life and she does not want any action qua against the petitioners and she has no objection if the present FIR is quashed..

Looking into the above facts and circumstances, since the misunderstanding has been sorted out between the parties and the respondent No.2 along with her two minor daughters is living with her husband (petitioner No.1 herein) at the matrimonial home and leading a happily 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 subsequent proceedings arising out of the same. Consequently, FIR No.170/2012, under Sections 498-A/406/34 IPC, registered at Police Station-Aman Vihar, Delhi and all the proceedings emanating therefrom are hereby quashed.

The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J AUGUST 25, 2017 'RV'