Priyanka Mittal & ORS v. The State ( NCT Of Delhi) & ANR

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6339/2018 & CRL.M.A. 49632/2018 PRIYANKA MITTAL & ORS ..... Petitioner Through Mr.Sandeep Verma, Adv with Mr.Narendra, Adv.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondent Through Mr.Raghuvinder Verma, APP with SI Raj Kumar, PS Saket.

Mr.Sahil Munjal with Mr.R.S.Goswami, Advs for R-2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 14.12.2018 1.

Vide the present petition u/s 482 Cr.P.C, the petitioners seek quashing of FIR No.0506/2016 u/s 448/457/427/506 IPC registered at Police Station K.M.Pur, Delhi and all proceedings emanating therefrom, on the basis of a settlement arrived at between the parties on 05.06.2018 before the Mediation Centre, Saket Courts. 2.

Learned counsel for the petitioners submits that the marriage between the petitioner no.1 and Mr.Ankit Mittal/son of the respondent no.2 was solemnised on 17.06.2012 as per Hindu rites and ceremonies and they were blessed with a baby girl on 22.05.2013. However, due to temperamental differences, the parties could not reside together leading to levelling of allegations against each other. He further submits that though the petitioner no.1 and Mr.Ankit Mittal had started living in a separate accommodation but when the petitioner

no.1 wanted to go back to her matrimonial home, the respondent no.2 i.e. her father-in-law, lodged a complaint against her leading to the registration of the aforesaid FIR.

3.

Learned counsel submits that the parties have now under the aegis of the Mediation Centre, Saket Courts on 05.06.2018 resolved all their disputes and the petitioner no.1 and Mr.Ankit Mittal have decided to part ways. He further submits that as per the settlement, a decree of divorce dissolving the marriage between the petitioner no.1 and Mr.Ankit Mittal has already been passed by the learned Family Court on 02.10.2018. He, therefore, prays that the aforesaid FIR and all proceedings emanating therefrom be quashed. 4.

The petitioners as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. Respondent no.2 is also represented by a counsel. I have also interacted with the respondent no.2, who states that he has decided to resolve his differences with the petitioners of his own free will and has entered into the settlement without any coercion. He further states that he does not want to pursue the aforesaid criminal proceedings as it will cause hardship to him and he wants to move on in life and, therefore, does not want any further acrimony with the petitioners. 5.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the captioned FIR emanates from a dispute which now stands resolved between the parties, no useful purpose will be served in continuing the criminal proceedings when the parties themselves have already resolved their differences and want to move on in life. In my view,

the ends of justice demand that the FIR and consequential proceedings be quashed.

6.

For the aforesaid reasons, the petition is allowed and the captioned FIR and proceedings emanating therefrom are quashed, subject to the petitioners depositing a sum of Rs.25,000/- to the Delhi Police Martyr's Fund, A/C No.18200110036907, UCO Bank, Delhi, IFSC Code UCBA0001820 within one weeks from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer for production before the Trial Court. 7.

The petition is disposed of in the above terms. REKHA PALLI, J DECEMBER 14, 2018 sr