Ravinder Drama & Ors. v. The State (Govt of NCT of Delhi) & Anr

Delhi High Court · 14 Dec 2016 · 2016:DHC:9016
S. P. Garg
CRL.M.C. 1953/2016
2016:DHC:9016
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 328, 323, and 34 IPC following an amicable settlement between the parties in a matrimonial dispute, emphasizing the court's power under Section 482 Cr.P.C. to prevent abuse of process and promote reconciliation.

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$-10 HIGH COURT OF DELHI
CRL.M.C. 1953/2016
RAVINDER DRAMA &QRS Petitioners
Through : Mr.Rajender Yadav, Advocate along withpetitioners in person.
VERSUS
TI-IE STATE (GOVT OF NOT OF DELHI) &ANR Respondents
Through : Ms.Manjeet Arya, APP.
Mr.Mohit Singh, Advocate for R2 along with R2 in person.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
14.12.2016
ORDER

1. The matter is taken up today as 12^'' December, 2016 was declared holiday on account ofMilad-Un-Nabi'.

2. Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.131/2008 registered under Sections 498A/328/323/34 IPG at PS Alipur. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Delhi Mediation Centre, Rohini Courts, Delhi vide settlement agreement dated 13.10.2015.

3. Complainant / respondent No.2 is present with counsel and has been identified by her counsel. I have enquired from the complainant ifshe has settled the dispute with the petitioners amicably without any CRL.M.C. 1953/2016 page 1 of[2] 2016:DHC:9016 fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and they are living together since October, 2015. She has no objection to the quashing ofthe FIR in question.

4. The petition is supported by affidavits of the parties. Copy of settlement agreement dated 13.10.2015 has been placed on record. Since the dispute between the parties has been settled and the complainant is residing with the petitioners in the matrimonial home happily, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to maintain their matrimonial relations, FIR No. 131/2008 registered under Sections 498A/328/323/34 IPG at PS Alipur and all the proceedings arising therefrom are quashed.

5. Thepetition stands disposed of accordingly.

DECEMBER 14, 2016 / tr:p.garg, j