Full Text
CRL.M.C. 5895/2014
RAMAN CHANDIOK &ORS Petitioners
Through Mr.Mahir Malhotra, Adv. along with petitioners No.3 &4 inperson.
Through Mr.M.N.Dudeja, APP for the State/ R-1 along with ASI Dharamvir Singh, PS CWC Nanakpura, inperson.
Mr.Suresh Sharma, Adv. for R-2 along with Mr.Mahender Seth, father of R-2 beingher SPA, in person.
14.01.2015 Crl.
M.A. No.20067/2014 (exemption)
Exemption allowed, subject to just exceptions.
The application is disposed of Crl. M.C. No.5895/2014
The petitioners have filed the present petition under Section 482
Cr.P.C. for quashing of FIR No.46/2012 under Sections 498-A/406/34 IPG registered at P.S. CWC Nanakpura, New Delhi on the complaint of respondent No.2.
Brief facts of the case are that the marriage between petitioner No.4 and respondent No.2 was solemnized on 2"^^ May, 2009 in accordance with
2015:DHC:10617 the Hindu Rites and Ceremonies. Since August, 2010, they are living separately from each other. On the complaint made by respondent No.2, the aforesaid FIR was registered against the petitioners on 9^'' April, 2012.
During the pendency of the proceedings, the parties have mutually settled their disputes by virtue of Settlement Agreement dated January, 2014 which is arrived at before the Delhi Mediation Centre, Karkardooma Courts, Delhi. Acopy of the same has been placed on the record. The marriage between petitioner No.4 and respondent No.2 has already been dissolved by adecree ofdivorce under Section 13-B(2) ofthe Hindu Marriage Act, dated
ORDER
5 December, 2014. Copy ofthe said judgment is placed on the record. When the matter is taken up today, only the petitioners No.3 &4 are present who are duly identified by their counsel. The other petitioners No.l 6 2 are not present. Respondent No.2 is represented by her father Mr.Mahender Seth in whose favour the Special Power ofAttorney has been executed, copy of which is placed on the record. Learned counsel for respondent No.2 has no objection ifthe appearance ofthe petitioners No.l & 2be dispensed with, in view ofthe fact that the disputes between the parties has already been resolved and the settlement is acted upon between them. Petitioner No.4 has paid the remaining amount ofRs.[2] lacs by way ofa demand draft bearing No.168766 dated 23'^ December, 2014 in favour of respondent No.2, today in Court itself, to the father ofrespondent No.2 who has also confirmed the settlement as well as receiving•the entire amount from the petitioners in terms thereof. He has no objection ifthe prayer made in the petition is allowed. Considering the peculiar facts and circumstances of the case, the presence of petitioners No.l & 2 is exempted. In view of the averments made in the petition as well as the settlement arrived at between the parties, the FIR No.46/2012 under Sections 498-A/406/34 IPG registered at P.S. CWC Nanakpura, New Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners. The petition isaccordingly disposed of.. Dasti. V V ( MANMOHAN SINGd, J.