Surenndra Singh Pundir & ANR v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4167/2017 SURENNDRA SINGH PUNDIR & ANR ..... Petitioners Through:

Mr. Manish Kumar, Adv. for Respondent no.2 versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Vijay Kumar, PS Mandawali, Fazalpur, Delhi.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 13.10.2017 Crl.M.A. No.M.A.No.16737/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4167/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.839/2015, under Sections 498A/406/34 IPC registered at Police Station Mandawali, Fazalpur, Delhi and all proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the petitioner

No.1 Surenndra Singh Pundir got married to the respondent No.2 Smt. Asha Pundir on 18th October, 2012 as per Hindu rites and customs at Dehradun, Uttrakhand. Counsel further submits that subsequently a misunderstanding had 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 the matter has been amicably settled between the parties and the same has been reduced into writing on 10.12.2015. Counsel further submits that the said settlement has been acted upon between the parties voluntarily, without any force, pressure or coercion and the settled amount has been paid by the petitioners to the respondent No.2 and the last instalment amounting to Rs.

3,00,000/- has also been paid to her vide demand draft bearing No.210472 dated 06.10.2017 and nothing further remains to be paid to her. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 13th February, 2017 passed by the Principal Judge, Family Court, Shahdara, Karkardooma, Delhi in HMA No.56/2017 and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the FIR may be quashed.

Respondent No.2/complainant is present in person, who has been identified by the IO SI Vijay Kumar, Police Station Mandawali, Fazalpur, Delhi. Respondent No.2/complainant present in person admits the settlement reached between the parties on 10th December, 2015 and receiving of the settled amount from the petitioners including the last instalment amounting to Rs.3,00,000/- vide demand draft bearing No. 210472 dated 06.10.2017.

She further admits dissolution of her marriage with the petitioner No.1 vide judgment and decree dated 13th February, 2017 passed by the Principal Judge, Family Court, Shahdara, Karkardooma, Delhi in HMA No.56/2017 and further submits that nothing further remains to be adjudicated between them and she has no objection if the instant FIR is quashed. Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and the same has been reduced into writing on 10th December, 2015 and the settled amount has been received by the respondent No.2 and the marriage between the petitioner No.1 and respondent No.2 has already been dissolved vide judgment and decree dated 13th February, 2017 passed by the Principal Judge, Family Court, Shahdara, Karkardooma, Delhi in HMA No.56/2017 and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom.

Consequently, FIR No.839/2015, under Sections 498A/406/34 IPC registered at Police Station Mandawali, Fazalpur, Delhi and all proceedings arising therefrom are hereby quashed. Parties shall be bound by the settlement dated 10th December, 2015.

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 OCTOBER 13, 2017 'vm'