CRL.M.C./3988/2016 of JITENDER & ORS Vs STATE OF NCT OF DELHI & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 3988/2016JITENDER & ORS

..... Petitioners

Through:Ms.Deepshikha George, Adv.

versus

STATE OF NCT OF DELHI & ANR..... RespondentsThrough:Mr.Raghuvinder Verma, APP forState along with SI Dinesh ChandraPS Swaroop Nagar, in person.Mr.Tarun Walia, Adv. for R-2.

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%25.10.2016

CRL.M.A. 16684/2016

Exemption granted, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 3988/2016

This is petition under Section 482 Cr.PC moved by the petitioner forquashing of FIR No.467/2015 registered at Police Station Swaroop Nagar,Delhi under Sections 498A/406/34 IPC and consequent proceedingsemanating therefrom on the ground that the parties have compromised thematter.

Counsel for the petitioners submits that one of petitioners- Sushila isnot present who is stated to have given birth to female child. All otherpetitioners are present in person. Counsel for the petitioners has submittedthat the petitioners No.1 to 9 have settled the matter amicably with therespondent No.2 Arti who is the wife of petitioner No.1. Counsel for the

petitioners has further submitted that the marriage between them has beendissolved and divorce has been granted to the respondent No.2 Arti videdecree of divorce dated 1[st]July, 2016 passed by the Principal Judge, FamilyCourt, Rohini in HMA No.562817/2016. Counsel for the petitioners hasfurther submitted that the petitioners and respondent No.2 have settled thematter and remaining amount of Rs.49,0000/- has already been given byway of demand draft bearing No.300056 dated 25[th]October, 2016, UCOBank and Rs.1,000/- has been paid in cash.

The respondent No.2/complainant is present in person (duly identifiedby the Investigating Officer) and submits that she has amicably resolved alldisputes with the petitioners voluntarily without there being any threat,coercion or pressure of any sort and in view of the settlement arrived atbetween the parties, she does not want any action against the petitioners anddoes not have any objection if FIR in question is quashed.

Keeping in view the facts that the parties have compromised thematter with each other amicably, no useful purpose would be served bycontinuing the criminal proceedings against the petitioner, which will onlybe an exercise in futility and wastage of precious time of the Court.

Accordingly, the petition is allowed and the FIR No.467/2015registeredatPoliceStationSwaroopNagar,DelhiunderSections498A/406/34 IPC and consequent proceedings emanating therefrom arehereby quashed.

The petition stands disposed of accordingly.

OCTOBER 25, 2016/vp

I.S.MEHTA, J