Ankur Singhal & ORS v. State ( Govt Of NCT Of Delhi ) & ANR

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANKUR SINGHAL & ORS ..... Petitioner Represented by:

Mr. M.K. Perwez, Mr. Neeraj Singh, Advs.

versus STATE ( GOVT OF NCT OF DELHI ) & ANR ..... Respondent Represented by:

Mr. Rajesh Mahajan, ASC with ASI Bhagirath PS Mianwali Nagar.

Mr. Sahil Malik, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.01.2019 Crl.M.A. 564/2019 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 17/2018 under Sections 406/498A/34 IPC registered at PS Mianwali Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR in question the three petitioners are the accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners vide the memorandum of understanding dated 23rd March, 2018 annexed as Annexure P-7 to the present petition. In terms of the settlement divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan, alimony, etc., respondent No.2 is to receive a total sum of ₹17 lakhs out of which she has already received ₹14,50,000/- and the balance amount of ₹2,50,000/- has been received by her today in Court by way of demand draft No. '777199' drawn on Yes Bank. She states that she has now no claim whatsoever remaining against the petitioners and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of settlement arrived at between the parties.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertakes to abide by the terms of settlement arrived at between the parties. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 17/2018 under Sections 406/498A/34 IPC registered at PS Mianwali Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 14, 2019 'ga'