CRL.M.C./1507/2017 of SONU Vs THE STATE NCT OF DELHI

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 1507/2017

SONU

..... PetitionerThrough:Mr.Manish Kumar, Adv. withMr.C.B.Garg, Adv.

versus

THE STATE NCT OF DELHI

..... Respondent

Through:Mr.Mukesh Kumar, APP for StateSI Inder Pal, PS-Rajouri GardenMs.Divya Attri, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTAO R R%17.04.2017

CRL.M.A.6156/2017

Exemption granted, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 1507/2017

This is petition under Section 482 Cr.P.C. for quashing of FIRNo.684/2013, under Sections 498-A/406/34 IPC, registered at PoliceStation-Rajouri Garden, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioner submits that the petitioner No.1Mr.Sonu got married with respondent No.2, Ms.Pinki @ Nisha on16.05.2010 according to Hindu rites and customs. He further submits thatdue to temperamental differences and misunderstanding arisen betweenthem, the marital relations between them could not proceed further but

consequently with the help of near relatives and close friends, they haveamicably settled all their disputes and differences vide settlement deed dated15.04.2014 and their marriage has also been dissolved by mutual consent bya decree of divorce dated 01.07.2016 granted by the Principal Judge, FamilyCourts, West, Tis Hazari Courts, Delhi. He further submits that all disputeshave been amicably settled between the parties and nothing remains to beadjudicated upon further and submits that the FIR in question is coming ashurdle in the way of the present petitioners. He further submits that thepetitioners and the respondent No.2 want to lead their independent andpeaceful life in near future and since all disputes have been settled betweenthem, the FIR in question and all proceedings arising therefrom may bequashed.

The respondent No.2/complainant, Ms.Pinki @ Nisha is present inCourt today and has been identified by the Investigating Officer, SI InderPal, PS-Rajouri Garden, Delhi. The complainant also admits that the matterhas been amicably settled with the petitioners and as per the terms ofsettlement, she has already received Rs.50,000/- (Rupees Fifty ThousandOnly) from the petitioners and nothing remains due against the petitioners.She further submits that she has no claim or grievance left against thepetitioners. She further submits that the settlement/compromise has takenplace voluntarily, without any force, pressure or coercion. She furthersubmits that their marriage has already been dissolved by mutual consent bya decree of divorce and she has no objection if the FIR in question isquashed.

Keeping in view the facts and circumstances of the case and the factthat the matter has been amicably settled between the parties and also the

marriage between the petitioner No. 1, Mr.Sonu and respondent No.2,Ms.Pinki @ Nisha has already been dissolved by mutual consent by decreeof divorce dated 01.07.2016, it is in their interest to lead their independentand peaceful life in future, consequently, the FIR No.684/2013, underSections 498-A/406/34 IPC, registered at Police Station-Rajouri Garden,Delhi and all proceedings arising of the same are hereby quashed. Thepresent petition is allowed and disposed of accordingly.

Copy of this order be given dasti.

APRIL 17, 2017/radhika

I.S.MEHTA, J