Puneet Bansal & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2746/2017 PUNEET BANSAL & ORS.

..... Petitioners Through:

Mr. T.R. Arora, Advocate versus STATE & ANR.

..... Respondents Through:

Mr.Sanjay Lao ASC for State, with SI Gopal PS-Shakarpur.

Mr.Ashok Kumar Tiwari, Advocate & Mr.Sudesh Kumar, Advocate for R-2.

R-2 present in person with her mother.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 20.09.2017 CRL.M.A.15755/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2746/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.659/2016, under Sections 498-A/406/377/34 IPC, registered at Police Station-Shakarpur, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1, Mr.Puneet Bansal got married with respondent No.2 Ms.Rakhi Bansal @ Rakhi Tayal on 02.03.2014 according to Hindu rites and customs. He further submits that the allegation under Section 377 IPC is false and the same

pertains to matrimonial discord only and 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 before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 07.01.2017 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 25.07.2017 granted by the Principal Judge East District, Karkardooma, 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.Rakhi Bansal @ Rakhi Tayal is present in Court today and has been identified by the Investigating Officer, SI Gopal PS-Shakarpur. 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. 6,00,000/- (Rupees Six Lakhs Only) has been received by her vide DD No. 648226 dated 18.09.2017. 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.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the marriage between the petitioner No. 1, Mr.Puneet Bansal with respondent No.2 Ms.Rakhi Bansal @ Rakhi Tayal has already been dissolved by mutual consent by a decree of divorce dated 25.07.2017, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.659/2016, under Sections 498-A/406/377/34 IPC, registered at Police Station-Shakarpur, 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 20, 2017 RV