Ravi Kumar & ORS v. The State & ANR
$~37 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3566/2017 RAVI KUMAR & ORS ..... Petitioners Through:
Mr.Faheem Alam, Advocate with the petitioners in person.
versus THE STATE & ANR ..... Respondents Through:
Mr.Izhar Ahmad, APP for State with SI Manoj Kumar, P.S. Mahindra Park, Delhi.
Mr.Rajesh Kumar Pandey, Advocate for R2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 05.09.2017 CRL.M.A.14521/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 3566/2017 This is a petition under Section 482 Cr.P.C filed on behalf of the petitioners for quashing of FIR No.46/2013, under Sections 498-A/406/34 IPC, registered at Police Station Mahendra Park, Delhi and subsequent proceedings arising therefrom.
Learned counsel for the petitioners has submitted that the petitioner
No.1 Ravi Kumar got married to the respondent No.2 Ms.Lata Kumari on 29.11.2008 as per Hindu rites and customs at Delhi and out of the said wedlock, a female child, namely, Nishu was born on 08.09.2009. Counsel further submits that subsequently, a misunderstanding has arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the said FIR, the near relatives and friends intervened and misunderstanding between the parties has been sorted out and the same has been reduced into writing before the Mediation Centre, Rohini Courts, Delhi on 08.06.2017 and the same has been acted upon between the parties and all due amounts as per the settlement have been paid by the petitioners to the respondent No.2 and the last instalment amounting to Rs.
40,000/- has also been paid to her vide demand draft bearing No.210831 dated 25.08.2017 drawn on Dena Bank and nothing further remains to be paid to her, however, the present complaint is coming as hurdle in the personal life of the petitioners and prays that the aforesaid complaint and its subsequent proceedings arising therefrom may be quashed.
The respondent No.2/complainant Ms.Lata Kumari is present in person and has been identified by SI Manoj Kumar, P.S. Mahindra Park, Delhi and also represented by her counsel.
The respondent No.2/complainant, present in person admits the amicable settlement reached between the parties and execution of settlement deed dated 08.06.2017 before the Mediation Centre, Rohini Courts, Delhi and receiving of the settled amount including the last instalment amounting to Rs.40,000/- has also been paid to her vide demand draft bearing No.210831 dated 25.08.2017 drawn on Dena Bank and further submits that nothing further
remains to be received by her and further submits that she has no objection if the FIR is quashed.
Looking into the above facts and circumstances, since the misunderstanding has been sorted and the dispute has been amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Rohini Courts, Delhi on 08.06.2017 and the settlement amount has been received by the respondent No.2/complainant and nothing further remains to be adjudicated between them, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the complaint case and all subsequent proceedings arising therefrom. Consequently, FIR No.46/2013, under Sections 498-A/406/34 IPC, registered at Police Station Mahindra Park, Delhi and subsequent proceedings arising therefrom are hereby quashed. Parties shall be bound by the settlement agreement dated 08.06.2017.
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 SEPTEMBER 05, 2017 'dc'