CRL.M.C./140/2017 of PAWAN KUMAR @ KUNDAN KUMAR & ORS Vs STATE & ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 140/2017

PAWAN KUMAR @ KUNDAN KUMAR & ORS

..... Petitioners

Through:Mr.Gaurav Chaudhary, Advocatewith the petitioners in person.with the petitioners in person.

versus

STATE & ORS

..... Respondents

Through:Mr.Izhar Ahmad, APP for State withIO SI Ram Phal Singh, P.S. BharatNagar, Delhi.R-2/complainant in person.IO SI Ram Phal Singh, P.S. BharatNagar, Delhi.R-2/complainant in person.

CORAM:HON'BLE MR. JUSTICE I.S.MEHTA

O R R18.01.2017

This is petition under Section 482 Cr.P.C. filed on behalf of thepetitioners for quashing of FIR No.531/2014, under Sections 498-A/406/34IPC, registered at Police Station Bharat Nagar, Delhi and all subsequentproceedings arising therefrom.

Learned counsel for the petitioners submits that the present petitionhas been filed on behalf of the petitioners as well as the respondent No.2 onthe basis of amicable settlement arrived at between the parties. Counsel forthe petitioners further submits that the petitioner No.1 Pawan Kumar @Kundan Kumar was the husband, petitioner No.2 Shri Dinesh Sharma was

the father-in-law and petitioner No.3 Kumkum was the mother-in-law of therespondent No.2/complainant. Counsel further submits that the marriagebetween the petitioner No.1 and the respondent No.2 was solemnized on20.11.2011according to Hindu rites and ceremonies and out of the saidwedlock of the parties, one son, namely, Ansh was born on 19.09.2012.Counsel further submits that due to misunderstanding arisen between theparties, the respondent No.2 got registered an FIR No.531/2014,underSections 498-A/406/34 IPC, at Police Station Bharat Nagar, Delhi. Counselfurther submits that after the registration of the FIR, the near relatives andfriends intervened and the matter has been amicably settled/compromisedbetween the parties vide settlement deed dated 05.05.2016. Counsel furthersubmits that as per the terms of the said settlement, the marriage between thepetitioner No.1 and the respondent No.2 has already been dissolved byjudgment and decree dated 07.12.2016 passed by the Judge, Family Court,North-West, Rohini, Delhi. Counsel further submits that as per the saidsettlement,alldueamountshavebeenpaidtotherespondentNo.2/complainant towards full and final settlement of all her claims andnothing remains to be paid to her. Counsel further submits that since thematter has been amicably resolved between the parties and nothing furtherremains to be adjudicated, however, the aforesaid FIR is coming as hurdlein the peaceful life of both the parties and prays, the said FIR may bequashed.

The respondent No.2/complainant is present in Court today and hasbeen identified by the IO SI Ram Phal Singh, P.S. Bharat Nagar, Delhi. Thecomplainant, present in person, admits the factum of amicable settlementwith the petitioners and further admits that in terms of the settlement she has

received all due amounts from the petitioners and nothing remains to be paidto her. She further submits that the settlement arrived at between them isvoluntary and without any force, pressure or coercion. Complainant furtheradmits that her marriage with the petitioner No.1 has already been dissolvedvide judgment and decree dated 07.12.2016 and further submits that she hasno objection if the aforesaid FIR is quashed.

Looking into the above facts and circumstances, since the matter hasbeen amicably settled/compromised between the parties vide settlementdeed dated 05.05.2016 and the marriage between the parties has alreadybeen dissolved vide judgment and decree dated 07.12.2016 and nothingfurther remains to be adjudicated between the parties, I deem it appropriateto quash the FIR in question. Consequently, to meet the ends of justice, FIRNo.531/2014, under Sections 498-A/406/34 IPC, registered at Police StationBharat Nagar, Delhi and all subsequent proceedings arising therefrom arehereby quashed. Parties are bound by the terms of the settlement.

The present petition is allowed and stands disposed of accordingly.

Copy of this order be given dasti to the parties, as prayed.

I.S.MEHTA, J

JANUARY 18, 2017