Ramneek Tyagi v. State ( Government Of NCT Of Delhi)

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5770/2018 & CRL.M.A. 47411-47412/2018 RAMNEEK TYAGI & ORS.

..... Petitioner Through Mr.Sunil Kumar with Mr.Suresh Kumar & Mr.Hansraj, Advs.

versus STATE ( GOVERNMENT OF NCT OF DELHI) ..... Respondent Through Mr.Mukesh Kumar, APP with ASI Aman Kumar, PS CWC/Nanak Pura.

Mr.Sanju Gupta, Adv for R-2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 16.11.2018 1.

Vide the present petition u/s 482 CrPC, the petitioner seeks quashing of FIR No.151/2014 u/s 498A/406/34 IPC registered at Police Station Crime (Women) Cell, Delhi and all proceedings emanating therefrom, based on a settlement deed dated 05.03.2018. 2.

Mr.Sunil Kumar, learned counsel for the petitioners submits that the marriage between the petitioner no.1 and the respondent no.2 was solemnised on 21.11.2011 as per Hindu rites and ceremonies, but due to temperamental differences, the respondent no.2 left her matrimonial home on 01.07.2012. Thereafter, due to the intervention of family members, she returned to her matrimonial home on 01.06.2013, but the respondent No.2 and petitioner no.1 still could not adjust with each other, and, therefore, respondent no.2 left her

matrimonial home once again. As a result thereof, the respondent no.2 made a complaint against the petitioners leading to the registration of the aforesaid FIR.

3.

Mr.Sunil Kumar submits that the parties, have now resolved their differences and have arrived at a settlement dated 05.03.2018 under the aegis of the Delhi Mediation Centre, Karkardooma Courts, whereunder they have decided to amicably part ways. Furthermore, a decree of divorce dissolving the marriage between the petitioner no.1 and respondent no.2 has already been passed by the learned Family Court, Karkardooma Court on 06.08.2018. He further submits that the petitioners are willing to pay the costs that may be imposed by this Court and, therefore, prays that the aforesaid FIR and all proceedings emanating therefrom be quashed.

4.

The petitioners as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. I have also interacted with the respondent no.2, who states that she has decided to resolve her differences with the petitioners of her own free will and has entered into the settlement without any coercion. She further submits that she does not want the aforesaid criminal proceedings to continue as she wants to move on in life and does not want any further acrimony with the petitioners.

5.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the present FIR emanates from a matrimonial dispute which now stands resolved between the parties, I am of the considered opinion that no useful purpose will be served in continuing the criminal proceedings

when the parties themselves have already resolved their differences and want to move on in life. The ends of justice demand that the FIR and consequential proceedings be quashed.

6.

Accordingly, the petition is allowed and the captioned FIR and all consequential proceedings are quashed, subject to the petitioners paying a sum of Rs.25,000/- as costs to the Delhi Police Martyr's Fund, A/C No.18200110036907, UCO Bank, Delhi, IFSC Code UCBA0001820 within two weeks from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer for production before the Trial Court.

7.

The petition alongwith the pending application is disposed of in the above terms.

REKHA PALLI, J NOVEMBER 16, 2018 sr