CRL.M.C./2761/2015 of MANOJ KUMAR & ORS Vs THE STATE ( NCT OF DELHI ) & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 2761/2015

MANOJ KUMAR & ORS

..... Petitioners

Through:Mr.Rishi Pal Singh, Adv.

versus

THE STATE ( NCT OF DELHI ) & ANR

..... Respondent

Through:Mr.Kewal Singh Ahuja, APP for StateS.I. Lokesh Singh, P.S. Bharat Nagar

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%16.03.2017

This is petition under Section 482 Cr.P.C. for quashing of FIRNo.123/2012, under Sections 498A/406/34 IPC, registered at Police Station,Bharat Nagar, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners has submitted that petitioner No.1got married with the respondent No.2 on 10.02.2008 and due totemperamental differences and misunderstanding arisen between them, themarital relations between them could not proceed further but consequentlywith the help of near relatives and close friends they have amicably settledall their disputes and differences and that their marriage has also beendissolved by mutual consent by decree of divorce dated 19.09.2013granted by the Addl. Principal Judge, Family Court, Rohini, Delhi. Hefurther submits that all disputes have been amicably settled between theparties and nothing remains to be adjudicated upon further and submits that

the FIR in question is coming as hurdle in the way of the present petitioners.He further submits that the petitioners and the respondent No.2 want to leadtheir independent and peaceful life in near future and since all disputes havebeen settled between them, the FIR in question and all proceedings arisingtherefrom may be quashed.

The respondent No.2/complainant is present in the Court today andhas been identified by the Investigating Officer, S.I. Lokesh. Thecomplainant also admits that the matter has been amicably settled with thepetitioners and she has no claim or grievance left against the petitioners. Shefurther submits that the settlement/compromise has taken place voluntarily,without any force, pressure or coercion. She further submits that theirmarriage has already been dissolved by mutual consent by decree ofdivorce and she has no objection 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 19.09.2013, it is intheir interest to lead their independent and peaceful life in future,consequently, the FIR No.123/2012, under Sections 498A/406/34 IPC,registered at Police Station, Bharat Nagar, Delhi and all proceedings arisingof the same are hereby quashed.

The present petition is disposed of accordingly.

Copy of this order be given dasti.

MARCH 16, 2017/km

I.S.MEHTA, J