Smt Neha Gupta & ORS v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4090/2017 SMT NEHA GUPTA & ORS ..... Petitioners Through:

Mr.V.K.Upadhyay, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State Ms.Rekha, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 09.10.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.121/2013, under Sections 324/34 IPC, registered at Police StationMansarover Park, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submit that the present matter pertains to matrimonial dispute. He further submits that the marriage between the petitioner No.1, Ms.Neha Gupta and the respondent No.2/complainant, Mr.Deepak Gupta was solemnized on 06.11.2011 according to Hindu rites and customs and out of the said wedlock, one male child namely Master Daksh was born on 02.09.2012. Counsel further submits that after the marriage misunderstanding between the parties had arisen, which resulted into the registration of aforesaid FIR. He further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the

parties. Counsel further submits that the petitioner No.1-wife is living with the respondent No.2-husband alongwith her child and they are leading a happy and peaceful married life. Counsel further submits that the matter has been amicably resolved between the parties nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of both the parties and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Mr.Deepak Gupta is present in Court today and has been identified by the Investigating Officer, SI Kapil. The complainant admits that the matter has been amicably settled with the petitioners and the petitioner No.1-wife has joined him with child.

He further submits that they are living happily and peacefully. He further submits that the said settlement arrived at with the petitioners is voluntary and without any force, pressure or coercion and he does not want any further action qua against the petitioners and 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 in terms of the said settlement, the petitioner No.1-wife has joined her matrimonial home along with her child and now living with the respondent No.2-husband happily and peacefully 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 aforesaid FIR and all subsequent proceedings arising out of the same. Consequently, FIR No.121/2013, under Sections 324/34 IPC, registered at Police Station-Mansarover Park, Delhi and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J OCTOBER 09, 2017/sr