CRL.M.C./328/2017 of PRAMOD GUPTA Vs STATE & ANR

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTAO R R%20.02.2017

This is petition under Section 482 Cr.P.C. for quashing of FIRNo.326/2013, under Sections 498A/406 IPC, registered at Police Station-Prashant Vihar, Delhi and all the proceedings emanating therefrom.

Counsel for the petitioner has submitted that petitioner, Mr.PramodGupta was the husband of the respondent No.2/complainant, Ms. SumanBansal and due to temperamental differences and misunderstanding arisenbetween them, the marital relations between them could not proceed furtherbut consequently with the help of near relatives and close friends, they haveamicably settled all their disputes and differences on 08.09.2015 and theirmarriage has also been dissolved by mutual consent by decree of divorcedated 28.07.2016 granted by the Principal Judge, Family Courts, RohiniCourts, Delhi. He further submits that all disputes have been amicablysettled between the parties and nothing remains to be adjudicated uponfurther and submits that the FIR in question is coming as hurdle in the wayof the present petitioner. He further submits that the petitioner and therespondent No.2 want to lead their independent and peaceful life in near

future and since all disputes have been settled between them, the FIR inquestion and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant, Ms.Suman Bansal is present inCourt today and has been identified by the Investigating Officer, SIRandeep, P.S. Prashant Vihar, Delhi. The complainant also admits that thematter has been amicably settled with the petitioner. She further submits thatshe has no claim or grievance left against the petitioner. She further submitsthat the settlement/compromise has taken place voluntarily, without anyforce, pressure or coercion. She further submits that their marriage hasalready been dissolved by mutual consent by decree of divorce and she hasno 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, Mr.Pramod Gupta and respondent No.2,Ms.Suman Bansal has already been dissolved by mutual consent by decreeof divorce dated 28.07.2016, it is in their interest to lead their independentand peaceful life in future, consequently, the FIR No.326/2013, underSections 498A/406 IPC, registered at Police Station-Prashant Vihar, Delhiand all proceedings arising of the same are hereby quashed.

The present petition is disposed of accordingly. All pendingapplication(s) (if any) also stand disposed of.

Copy of this order be given dasti.

FEBRUARY 20, 2017/radhika

I.S.MEHTA, J