CRL.M.C./2583/2017 of AJIT & ORS Vs THE STATE ( GOVT OF NCT OF DELHI )

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 2583/2017

AJIT & ORS

..... PetitionersThrough:Mr.Amitesh Gaurav, Adv. withMr.Nand Kishore, Adv.

versus

THE STATE ( GOVT OF NCT OF DELHI)..... RespondentThrough:Mr.Kamal Kumar Ghei, APP for StateSI Rawat Singh, PS-Kyala

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%12.07.2017

CRL.M.A.10721/2017

Exemption granted, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 2583/2017

This is petition under Section 482 Cr.P.C. for quashing of FIRNo.772/2015, under Sections 498-A/406/34 IPC, registered at PoliceStation-Khyala, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners submits that the petitioner No.1got married with respondent No.2 on 13.05.2013 according to Hindu ritesand customs. He further submits that due to temperamental differences andmisunderstanding arisen between them, the marital relations between themcould not proceed further but consequently with the help of near relativesand close friends, they have amicably settled all their disputes and

differences in Mediation Centre, Tis Hazari Courts, Delhi vide settlementdeed dated 18.05.2016 and their marriage has also been dissolved by mutualconsent by decree of divorce dated 08.03.2017 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, Ms.Preeti is present in Court todayand has been identified by the Investigating Officer, SI Rawat Singh. Thecomplainant also admits that the matter has been amicably settled with thepetitioners and as per the terms of settlement, she has already receivedRs.1,00,000/- (Rupees One Lakh Only) from the petitioners and nothingremains due against the petitioners. She further submits that she has noclaim 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 08.03.2017, it is in

their interest to lead their independent and peaceful life in future,consequently, the FIR No.772/2015, under Sections 498-A/406/34 IPC,registered at Police Station-Khyala, Delhi and all proceedings arising of thesame are hereby quashed.

The present petition is allowed and disposed of accordingly.

Copy of this order be given dasti.

JULY 12, 2017/sr

I.S.MEHTA, J