Kunal Bhardwaj & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4050/2015 KUNAL BHARDWAJ & ORS ..... Petitioners Through Ms. Ankita Gupta and Ms. Prabhjit Kaur, Advocates.

versus STATE & ANR ..... Respondents Through Mr. Izhar Ahmad, APP for State with SI Pramod Kumar, P.S.Shalimar Bagh.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 29.08.2017 Learned counsel for the petitioner has submitted that the petitioner no.1 got married with Smt. Priyanka Sharma on 28.10.2011 as per Hindu Rites and Customs at New Delhi. Learned counsel for the petitioner further submitted that after the marriage the misunderstanding between the parties have arisen resulting into the registration of the FIR No. 400/2013 under Sections 406/498-A IPC with the Police Station, Shalimar Bagh.

Learned counsel for the petitioner further submitted that after the registration of the FIR near relatives intervened in the matter and the matter is amicably settled and joint statement to this effect has been recorded on 31.1.2015 before the Court of Principal Judge, North West, Family Court, Rohini, Delhi in MT Case No.107/2015. The said statement has been

acted upon by the parties without pressure and coercion and the marriage between the petitioner No.1 and respondent No.2 has been dissolved vide judgment and decree dated 20.8.2015 passed by the Judge, Family Court (North West), Rohini, Delhi in HMA No. 639/2015.

Learned counsel for the petitioner has further submitted that all the agreed amount has been paid to the respondent no.1. Nothing remains to be paid and the last instalment amounting to Rs. 1,25,000/- has already been deposited in the account of the respondent no.2 Smt. Priyanka Sharma.

Counsel further submits that the matter has been amicably resolved between the parties and 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 Smt. Priyanka Sharma appeared in person on 10.4.2017 who has stated that the matter has amicably settled between the parties.

Keeping in view the facts and circumstances of the case since the dispute between the parties has amicably settled and nothing further remains to be adjudicated between them. All the due amount have been paid and the last instalment amounting to Rs.1,25,000/- has also deposited vide DD No. 001800 dated 17.8.2017 of Punjab and Sind Bank in the account of respondent no.2. In these circumstances 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.400/2013, under Sections 498-A/406 IPC, registered at Police Station-Shalimar

Bagh, New 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 AUGUST 29, 2017 mw