CRL.M.C./444/2017 of MANISH NANDA & ORS. Vs THE STATE (GNCT) DELHI & ANR.

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 444/2017

MANISH NANDA & ORS...... PetitionersThrough:Mr.Prateek Kumar, Adv.

versus

THE STATE (GNCT) DELHI & ANR.Through:

..... RespondentsMr.Izhar Ahmad, APP for StateSI Satish Bhati, PS-KalkajiMr.D.K.Aggarwal, Adv. for R-2.

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%03.02.2017

CRL.M.A. 2009/2017

Exemption granted, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 444/2017

This is petition under Section 482 Cr.P.C. for quashing of FIRNo.64/2014, under Sections 498A/406/34 IPC, registered at Police Station-Kalkaji, Delhi and all the proceedings emanating therefrom.

Counsel for the petitioners has submitted that petitioner No.1,Sh.Manish Nanda is the husband of respondent No.2/complainant, Smt.NehaNanda 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 in mediation centre, Saket

Courts, New Delhi, on 06.02.2016 and their marriage has also beendissolved by mutual consent by decree of divorce dated 18[th]November,2016 granted by the Principal Judge (South-East), Family Courts, Saket,New Delhi. He further submits that all disputes have been amicably settledbetween the parties and nothing remains to be adjudicated upon further andsubmits that the FIR in question is coming as hurdle in the way of thepresent petitioners. He further submits that the petitioners and therespondent No.2 want to lead their independent and peaceful life in nearfuture 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, Smt.Neha Nanda is present inCourt today and has been identified by the Investigating Officer, SI SatishBhati, P.S. Kalkaji, Delhi. The complainant also admits that the matter hasbeen amicably settled with the petitioners and as per the terms of settlement,she has already received last instalment of Rs.2,50,000/- (Rupees TwoLakhs Fifty Thousand Only) by way of demand draft from 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 themarriage between the petitioner No.1, Sh.Manish Nanda and respondentNo.2/complainant, Smt.Neha Nanda has already been dissolved by mutual

consent by decree of divorce dated 18[th]November, 2016, it is in theirinterest to lead their independent and peaceful life in future, consequently,the FIR No.64/2014, under Sections 498A/406/34 IPC, registered at PoliceStation-Kalkaji, Delhi and all proceedings arising of the same are herebyquashed.

The present petition is disposed of accordingly.

Copy of this order be given dasti.

FEBRUARY 03, 2017/radhika

I.S.MEHTA, J