Manoj Kumar & Ors v. The State (Govt. of NCT of Delhi) &Ors

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26.10.2016 CRL.M.A. 15508/2016 Exemption granted, subject to all just exceptions. Application stands disposed of. CRL.M.A. 15509/2016 For the reasons mentioned in the application, the delay in re-filing the petition is condoned and the application is disposed of. CRL.M.C. 3708/2016 This is a petition under Section 482 Cr.PC moved by the petitioner for quashing of FIR No.39/2011 registered at Police Station CAW Cell, Nanakpura, New Delhi under Sections 498A/406/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter. Learned counsel for the petitioners submits that the complainant is the wife of petitioner No.1. Due to some misunderstanding taken place between the parties, FIR No.39/2011 P.S. CAW Cell, Nanakpura, New Delhi was registered. Learned counsel for the petitioners submits that all the petitioners are present except petitioner No.3 Asha Rani who is stated to be unwell. Learned counsel for the petitioners further submitted that the petitioner No.1 is the husband and the complainant Mrs.Mithlesh is the wife. Counsel for the petitioners has further submitted that the marriage between complainant and petitioner No.1 has been dissolved and divorce has been granted to the respondent No.2 Mithlesh vide decree of divorce dated 11th January, 2016 passed by the Principal Judge, Family Court, Dwarka in HMA No.576/2015. The respondent No.2/complainant is present in person (duly identified by the Investigating Officer) and submits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, she does not want any action against the petitioners and does not have any objection if FIR in question is quashed. Keeping in view the facts that the parties have compromised the matter with each other amicably and no further litigation is left for adjudication, in the interest of justice and to achieve the goal of better life in near future, I quash the FIR No.39/2011 P.S. CAW Cell, Nanakpura, New Delhi under Sections 498A/406/34 IPC and consequent proceedings emanating therefrom. The petition stands disposed of accordingly. I.S.MEHTA, J OCTOBER 26, 2016/vp

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3708/2016 MANOJ KUMAR & ORS. ..... Petitioners Through: Mr.Surender Tyagi, Adv. versus THE STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents Through: Mr.Izhar Ahmad, APP for State with SI Renu Bala. Mr.Deepankar Mohan, Adv. for R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA