Saurabh Sarin & ORS v. State (Govt Of NCT Delhi) & ANR
$~65 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3631/2017 SAURABH SARIN & ORS ..... Petitioners Through:
Mr.Hakim Khan, Adv.
versus STATE (GOVT OF NCT DELHI) & ANR ..... Respondents Through:
Mr.Kamal Kumar Ghei, APP for State SI Jagendra Kumar, PS-Model Town Mr.R.K.Kohli, Adv. with Mr.Vinit Virmani and Mr.Tarun Makhija, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 07.09.2017 CRL.M.A.14786/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 3631/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.839/2014, under Sections 498-A/406/34 IPC, registered at Police Station-Model Town, North West District, Delhi and all the proceedings emanating therefrom.
Learned counsel for the petitioners submits that the petitioner No.1, Mr.Saurabh Sarin got married with respondent No.2, Ms.Aishwarya on 08.02.2011 according to Hindu rites and customs. 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 29.04.2017 granted by the Principal Judge, Family Court, District North, Rohini Courts, 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 petitioners. He further submits that the petitioners 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.Aishwarya is present in Court today and has been identified by the Investigating Officer, SI Jagendra Kumar, PS-Model Town, North West District, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and as per the terms of settlement, she has already received all dues from the petitioners and the last instalment of Rs. 3, 00,000/- (Rs. Three Lakhs only) has received by her through DD No. 539181 dated 04.09.2017. She further submits that she has no claim or grievance left against the petitioners.
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.
that the matter has been amicably settled between the parties and also the marriage between the petitioner No. 1, Mr.Saurabh Sarin and respondent No.2, Ms.Aishwarya has already been dissolved by mutual consent by a decree of divorce dated 29.04.2017, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.839/2014, under Sections 498-A/406/34 IPC, registered at Police Station-Model Town, North West District, 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 SEPTEMBER 07, 2017 RV