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High Court of DelhiCRL.M.C./4967/2015

Rajveer Singh & ANR v. The State Of NCT Of Delhi & ANR

2017-05-03Hon'Ble Mr. Justice I.S.Mehta2 pages

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4967/2015 RAJVEER SINGH & ANR ..... Petitioners Through:

Mr.C.P.Singh, Adv.

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

Mr.Izhar Ahmad, APP for State SI Nupendra Kumar, PS-Madhu Vihar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 03.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.135/2011, under Sections 498-A/406/34 IPC, registered at Police Station-Madhu Vihar, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner No.1, Mr.Rajveer Singh got married with respondent No.2, Ms.Seema on 17.06.2009 according to Hindu rites and customs. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences in Mediation Centre, Karkardooma Courts, Delhi vide settlement deed dated 21.09.

2011 and their marriage has also been dissolved by mutual consent by a decree of divorce dated 14.12.2012 granted by the Addl. District & Sessions Judge, KKD, Delhi.

present petitioners. He further submits that the petitioners and the respondent No.2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Ms.Seema is present in Court today and has been identified by the Investigating Officer, SI Nupendra Kumar, PS-Madhu Vihar, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and nothing remains due against the petitioners. She further submits that she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce 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 also the marriage between the petitioner No. 1, Mr.Rajveer Singh and respondent No.2, Ms.Seema has already been dissolved by mutual consent by a decree of divorce dated 14.12.2012, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.135/2011, under Sections 498-A/406/34 IPC, registered at Police Station-Madhu Vihar, Delhi and all proceedings arising of the same are hereby quashed. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MAY 03, 2017/radhika