Manendera Singh & ORS v. State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4192/2017 MANENDERA SINGH & ORS ..... Petitioners Through:

Mr.Harish Parashar and Mr.Rajiv Chowdhary, Advocates with the petitioners in person.

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

Mr.Panna Lal Sharma, APP for State with ASI Kumer Singh, P.S. Jaitpur, Delhi.

Mr.Narender Hudda, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 13.10.2017 CRL.M.A.16811/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4192/2017 and Crl.M.A.No.16810/2017 (stay) This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.0405/2014, under Sections 498-A/406/34 IPC, registered at Police Station Jaitpur, New Delhi and all proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the petitioner No.1 Manendera Singh got married to the respondent No.2 Smt. Jyoti Singh

on 06.02.2013 as per Hindu rites and customs at Delhi. 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 30.06.2016. 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.1,00,000/- has also been paid to her vide demand draft bearing No.853495 dated 09.10.

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 10.07.2017 passed by the Principal Judge, Family Court (South-East), Saket Courts, New Delhi in HMA No.441/17 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, Smt.Jyoti Singh is present in person, who has been identified by the IO ASI Kumer Singh, Police Station Jaitpur, Delhi and also represented by her counsel. Respondent No.

2/complainant present in person admits the settlement reached between the parties on 30th June, 2016 and receiving of the settled amount from the petitioners including the last instalment amounting to Rs.1,00,000/- vide demand draft bearing No.853495 dated 09.10.2017. She further admits dissolution of her marriage with the petitioner No.

2017 passed by the Principal Judge, Family Court (South-East), Saket Courts, New Delhi in HMA No.441/17 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 30.06.2016 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 10th July, 2017 passed by the Principal Judge, Family Court (South-East), Saket Courts, New Delhi in HMA No.441/17 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.0405/2014, under Sections 498-A/406/34 IPC, registered at Police Station Jaitpur, New Delhi and all proceedings arising therefrom are hereby quashed. Parties shall be bound by the settlement dated 30th June, 2014.

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 'dc'