Naveen Dabas v. The State Govt Of NCT Of Delhi & ANR

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + NAVEEN DABAS & ORS.

... Petitioners Represented by:

Mr.Rakesh Kumar Sharma, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR .... Respondents Represented by:

Ms.Nandita Rao, ASC for the State with SI Sandeep, PS Narela Mr.Yatender Khatri, Advocate for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.02.2018 By the present petition the petitioners seek quashing of FIR No.557/2016 under Sections 498A/406/34 IPC registered at PS Narela, 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 the five petitioners impleaded by way of Amended Memo of Parties 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 she has settled the matter with the Petitioners at the Counselling Cell, Family Courts (NorthWest), Rohini Courts copy whereof is annexed as Annexure D to the present petition. In terms of the settlement divorce by mutual consent between the petitioner No.1 and respondent No.2 has already been granted. In lieu of all her claims of maintenance, istridhan, alimony, etc., the respondent No.2 was to receive a total sum of ₹12 lakh out of which, she has already received a sum of ₹6 lakh and the balance amount of ₹6 lakhs has been received by her today in Court vide Demand Draft No.686549 dated 9th January, 2018 drawn on Punjab National Bank.

She states that she has now no claim whatsoever remaining against the petitioners. She states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioners No.1 to 4 who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement. Petitioner No.5 who is sister of petitioner No.1, could not come to the Court today because of her infant child and is thus, exempted from personal appearance in this Court.

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.557/2016 under Sections 498A/406/34 IPC registered at PS Narela, Delhi and proceedings pursuant thereto are hereby quashed against all accused.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 23, 2018 'rk'