Kuldeep @ Sandeep & ORS. v. Govt. Of NCT Of Delhi & ANR.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 136/2017 KULDEEP @ SANDEEP & ORS.

..... Petitioners Represented by:

Mr. Arun Nischal, ADvocagte versus GOVT. OF NCT OF DELHI & ANR.

..... Respondents Represented by: Ms. Rajni Gupta, APP for the State with IO W/Inspector Umat Datt PS Mangolpuri

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.03.2017 This is a petition for quashing of FIR No.2524/2015 under Sections 498A/406/34 IPC registered at PS Mangol Puri New, Delhi on the complaint of Respondent No.2.

Learned counsel for the State on instructions from Investigating Officer submits that in the above noted FIR the seven Petitioners are the only accused and Respondent No.2 is the only complainant/victim. It is further clarified that Ms. Varsha, petitioner no.7 is the same person who has been named as Jyoti in the FIR.

The complainant/Respondent No. 2 is present in person and is identified by her counsel and the Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have entered into a settlement before Family Courts, Rohini, Delhi on 15th February, 2016. In terms of the settlement, marriage between the Petitioner No. 1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent on 7th October, 2016. In lieu of her claims for maintenance, istridhan,

alimony etc., Respondent no.2 is entitled to receive ₹2,75,000/- out of which she has already received ₹2,00,000/- and balance ₹75,000/- have already been paid to her today in Court by way of a Cheque no 734031 drawn on SBI Sultan Puri Branch, Delhi dated 14.03.2017. She states that her minor daughter Purvi will remain in her care and custody of the petitioners will neither have her care and custody nor any visiting rights. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners, who are present in the Court and are identified by the counsel, affirm the statement made by respondent no.2 and state that they will abide by the terms of settlement dated 15th February, 2016.

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.2524/2015 under Sections 498A/406/34 IPC registered at PS Mangol Puri New, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 17, 2017/'sm'