CRL.M.C./1955/2017 of AVDESH KUMAR Vs THE STATE NCT OF DELHI & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 1955/2017

AVDESH KUMAR

..... Petitioner

Through:Mr.Naveen Kumar, Adv. withMr.Ravinder Singh, Adv.

versus

THE STATE NCT OF DELHI & ANR..... RespondentsThrough:Mr.Izhar Ahmad, APP for StateSI BD Meena, PS-BadarpurMr.Yogendra Kumar, Adv. for R-2.

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%16.05.2017

CRL.M.A.8071/2017

Exemption allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 1955/2017

This is petition under Section 482 Cr.P.C. moved on behalf of thepetitioner for quashing of FIR No.204/2012, under Sections 498-A/406/34IPC, registered at Police Station-Badarpur, Delhi and all the proceedingsemanating therefrom.

Learned counsel for the petitioner submits that the marriage betweenthe petitioner, Mr.Avdhesh Kumar and the respondent No.2/complainantMrs.Preeti was solemnized on 27.04.2008 according to Hindu rites andcustoms at Village Nithari, Noida, U.P. Counsel further submits that afterthe marriage the respondent No.2/complainant shifted to her matrimonial

house at Badarpur, Delhi and misunderstanding between the parties hadarisen, which resulted into the registration of aforesaid FIR. He furthersubmits that after the registration of the FIR, the near relatives and closefriends intervened and the matter has been amicably settled between theparties. Counsel further submits that the respondent No.2 is living with thepetitioner at Badarpur, Delhi and they are leading happy and peacefulmarried life. Counsel further submits that the matter has been amicablyresolved between the parties nothing further remains to be adjudicatedbetween the parties, however, the present FIR is coming as hurdle in thepeaceful life of both the parties and prays that the FIR in question and allproceedings arising therefrom may be quashed.

The respondent No.2/complainant, Mrs.Preeti is present in Courttoday and has been identified by the Investigating Officer, SI BD Meena,PS-Badarpur. The complainant admits that the matter has been amicablysettled with the petitioner and she has joined her husband/petitioner. Shefurther submits that she is living happily and peacefully with her husband atBadarpur, Delhi without any kind of complaint or grievance. She furthersubmits that the said settlement arrived at with the petitioner is voluntaryand without any force, pressure or coercionand she does not want anyfurther action qua against her husband and has no objection, if the FIR inquestion 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 in terms ofthe said settlement, the respondent No.2/complainant has joined hermatrimonial home and now living with the petitioner happily and peacefullyand nothing further remains to be adjudicated between them, to have peace

in the life of the parties and to meet the ends of justice, I deem it appropriateto quash the aforesaid FIR and all subsequent proceedings arising out of thesame. Consequently, FIR No.204/2012, under Sections 498-A/406/34 IPC,registered at Police Station-Badarpur, Delhi and all subsequent proceedingsarising therefrom are hereby quashed.

The present petition is allowed and stands disposed of accordingly.

Copy of this order be given dasti, as prayed.

MAY 16, 2017/sr

I.S.MEHTA, J