Neeraj & ORS v. State & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4218/2017 NEERAJ & ORS ..... Petitioners Through:
Mr.Pradeep Desodya and Mr.Nachiketa Suri, Advocates with the petitioners in person.
versus STATE & ANR ..... Respondents Through:
Mr.Raghuvinder Varma, APP for State with SI Rakesh Rana, P.S.
Bharat Nagar, Delhi.
Mr.Sahil Munjal and Ms.Rhea Gandhi, Advocates for R2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 16.10.2017 Crl.M.A. No.16915/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 4218/2017 and Crl.M.A.No.16916/2017 (stay) This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.230/2015, under Sections 498-A/406/34 IPC, registered at Police Station Bharat Nagar, Delhi and all proceedings arising therefrom.
Learned counsel for the petitioners has submitted that the petitioner No.1Neeraj got married to respondent No.2 Smt. Meena on 23.02.2012 as
per Hindu rites and ceremonies at Delhi. Counsel further submits that after the marriage, a misunderstanding has arisen between the parties, which resulted into registration of the aforesaid FIR against the petitioners. He further submits that after registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties and the same has been reduced in writing before the Mediation Centre, Rohini District Courts, Delhi on 28.11.2016 and the same has been acted upon between the parties voluntarily and without any force, pressure or coercion and the settled amount has been paid to her by the petitioners and the last instalment amounting to Rs.1,00,000/- has also been paid to her vide demand draft bearing No.726765 dated 16.09.2017 and nothing further remains to be paid to her.
Counsel further submits that the marriage between the petitioner No.1 and respondent No.2 has already been dissolved vide judgment and decree dated 10.07.2017 passed by the Principal Judge (North-West), Family Court, Rohini Courts, Delhi in HMA No.1065/17 and that nothing remains to be adjudicated upon further, however, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, SI Rakesh Rana, P.S. Bharat Nagar, Delhi. The respondent No.2/complainant, present in person, admits the settlement reached between the parties before the Mediation Centre, Rohini District Courts, Delhi on 28.11.
2016 and dissolution of her marriage with the petitioner No.1 vide judgment and decree dated 10.07.2017 passed by the Principal Judge (North-West), Family Court, Rohini Courts, New Delhi in HMA No.
last instalment amounting to Rs.1,00,000/- vide demand draft bearing No.726765 dated 16.09.2017 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 the settled amount has been received by the respondent No.2/complainant and 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(North-West), Family Court, Rohini Courts, New Delhi in HMA No.1065/17 and nothing further remains to be adjudicated between them, 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 and all proceedings arising out of the same.
Consequently, the FIR No.230/2015, under Sections 498-A/406/34 IPC, registered at Police Station Bharat Nagar, Delhi and all proceedings arising therefrom are hereby quashed. Parties shall be bound by the settlement dated 28.11.2016 The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J OCTOBER 16, 2017 'dc'