CRL.M.C./1091/2017 of LAL SINGH YADAV Vs STATE OF NCT OF DELHI & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 1091/2017

LAL SINGH YADAV

..... Petitioner

Through:Mr.Pratap Singh, Adv. withMs.Sukanya Sharma, Adv.

versus

STATE OF NCT OF DELHI & ANR..... RespondentsThrough:Mr.Kewal Singh Ahuja, APP for theThrough:Mr.Kewal Singh Ahuja, APP for the

State

Mr.Suraj Bhan, Adv. for R-2 with R-2

in personS.I. Arun Kr, P.S. Tilak NagarS.I. Arun Kr, P.S. Tilak Nagar

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%17.03.2017

CRL.M.A. 4511/2017

For the reasons mentioned in the application, the delay in re-filing thepetition is condoned.

Application stands disposed of.

CRL.M.A.4510/2017

Exemption granted, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 1091/2017

Learned counsel for the petitioners submits that Smt. Sunita Yadavhas not been made party and seeks permission to file amended memo of

parties. The prayer is allowed. Amended memo of parties is taken on record.

This is petition under Section 482 Cr.P.C. for quashing of FIRNo.434/2011, under Sections 323/354/506/34 IPC, registered at PoliceStation- Tilak Nagar, Delhi and all the proceedings emanating therefrom.

Counsel for the petitioners has submitted that petitioner No.1 gotmarried with respondent No.2 on 29.01.1988 and out of the said wedlockone son and one daughter were born and the daughter has already expired.He further submits that the son namely Abhishek Yadav is right nowresiding with the petitioner. He further submits that due to temperamentaldifferences and misunderstanding arisen between them, the marital relationsbetween them could not proceed further but consequently with the help ofnear relatives and close friends, they have amicably settled all their disputesand differences and their marriage has also been dissolved by mutualconsent by decree of divorce dated 09.08.2016 granted by the PrincipalJudge, Family Courts, West, Tis Hazari Courts, Delhi. He further submitsthat all disputes have been amicably settled between the parties and nothingremains to be adjudicated upon further and submits that the FIR in questionis coming as hurdle in the way of the present petitioners. He further submitsthat the petitioners and the respondent No.2 want to lead their independentand peaceful life in near future and since all disputes have been settledbetween them, the FIR in question and all proceedings arising therefrommay be quashed.

The respondent No.2/complainant is present in Court today and hasbeen identified by the Investigating Officer, Sub Inspector Arun Kumar andrepresented through Mr.Suraj Bhan, Advocate. The complainant also admitsthat the matter has been amicably settled with the petitioners and she has no

claim or grievance left against the petitioners. She further submits that thesettlement/compromise has taken place voluntarily, without any force,pressure or coercion. She further submits that their marriage has alreadybeen dissolved by mutual consent by decree of divorce and she has noobjection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the factthat the matter has been amicably settled between the parties and also themarriage between the petitioner No.1 and respondent No.2 has already beendissolved by mutual consent by decree of divorce dated 09.08.2016, it is intheir interest to lead their independent and peaceful life in future,consequently, the FIR No. 434/2011, under Sections 323/354/506/34 IPC,registered at Police Station- Tilak Nagar, Delhi and all proceedingsemanation therefrom are hereby quashed.

The present petition is disposed of accordingly.

Copy of this order be given dasti.

MARCH 17, 2017/km

I.S.MEHTA, J