Aashita Malhotra v. The State & ANR

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4601/2015 & CRL.M.A.16496/2015 AASHITA MALHOTRA ..... Petitioner Through:

Mr.Manjit Singh Ahluwalia, Adv.

with Mr.Mayank Soni, Adv.

versus THE STATE & ANR ..... Respondents Through:

Mr.Panna Lal Sharma, APP for State Mr.Vinod Diwakar, CGSC for R-2/Ministry of External Affairs Mr.Sumit Choudhary, Adv. for complainant.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 21.07.2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioner for quashing of FIR No.212/2012, under Section 12 of Passport Act read with Section 420 IPC, registered at Police Station-R.K.Puram, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner Aashita Malhotra is the wife of complainant Mr.Manish Talreja and the present matter pertains to matrimonial dispute. He has further submitted that the petitioner while applying for her passport furnished her parent's residential address instead of her matrimonial address, which resulted into registration of the aforesaid FIR.

Ms.Sunita Malhotra, Attorney of petitioner submits that she is the mother of petitioner and she has settled the matter with the complainant on

behalf of the petitioner. She has further submitted that with the intervention of near relatives and close friends all the disputes have been sorted out vide settlement deed dated 20.07.2017 and the petitioner would join her matrimonial home soon.

Counsel for the petitioner 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 complainant, Mr.Manish Talreja is present in Court today and admits that the matter has been amicably settled with the petitioner. He further submits that the said settlement arrived at with the petitioner is voluntary and without any force, pressure or coercion and he does not want any further action qua against the petitioner and 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 petitioner has agreed to join her matrimonial home and nothing further remains to be adjudicated between them, 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.212/2012, under Section 12 of Passport Act read with Section 420 IPC, registered at Police Station-R.K.Puram, Delhi and all subsequent proceedings arising therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. All pending application(s) (if any) also stand disposed of.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J JULY 21, 2017/sr