Shubham Banga & ORS. v. The State Govt. Of NCT Of Delhi & ORS.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHUBHAM BANGA & ORS.

..... Petitioner Represented by:

Mr. Satyendra Kumar, Ms.

Sumita Bhardwaj, Advs.

versus THE STATE GOVT. OF NCT OF DELHI & ORS.

..... Respondent Represented by:

Mr. Amit Ahlawat, APP with SI Sandeep Kumar PS Tilak Marg.

Mr. Vijay Kr. Aggarwal, Mr.

Neeraj Kr. Jha, Ms. Barkha Rastogi, Advs. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.01.2017 Crl.M.A. 1196/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 386/2015 under Sections 468/469/471/120B/109 IPC registered at PS Tilak Marg, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only 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 pursuant to a matrimonial dispute between the petitioner No.1 and respondent No.2 three FIRs were got lodged by her against the petitioner No.1 and his family members. The parties have thereafter arrived at a settlement on 9th March, 2016 pursuant whereto they agreed to dissolve the marriage between the petitioner No.1 and respondent No.2 by way of a decree by mutual consent and quash/ withdraw all the other proceedings inter-se the parties.

She states that divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. The parties have also acted on the other terms and conditions of the settlement dated 9th March, 2016 and the respondent No.2 has received a total sum of ₹45 lakhs from the petitioners in lieu of all her claims of maintenance, istridhan, alimony etc., and now she has no claim whatsoever against the petitioners. She states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of settlement arrived at between the parties.

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. 386/2015 under Sections 468/469/471/ 120B/109 IPC registered at PS Tilak Marg, 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.

JANUARY 23, 2017 'ga'