Saurabh Goel & ORS v. The State ( NCT Of Delhi ) & ANR

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAURABH GOEL & ORS ..... Petitioners Represented by:

Mr.R.S.Goswami, Mr.Sahil Munjal and Mr.Varun Mittal, Advocates versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr.Sanjay Lao, ASC for the State with ASI Natar Singh, PS Model Town Mr.Anuj Jain, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 31.01.2019 Crl.M.A.No.2207/2019 Allowed subject to just exceptions.

W.P.(Crl.) No.313/2019 1.

By this petition the petitioners seek quashing of FIR No.390/2016 under Sections 452/323/34 IPC registered at PS Model Town on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State submits that the above noted FIR is an offshoot of a matrimonial dispute between petitioner No.1 and respondent No.2 and in the abovenoted FIR the six petitioners are

the only accused and the respondent No.2 is the only complainant/victim. 3.

Respondent No.2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners and in this regard a settlement deed dated 3rd October, 2018 has been entered into, which is annexed as Annexure P-2 to the present petition. In terms of the settlement, petitioner No.1 and respondent No.2 have started living in the matrimonial home with all the other relatives since October, 2018 and now she has no cause of grievance and prays that the abovenoted FIR be quashed. She further states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. She also undertakes to abide by the terms of settlement arrived at between the parties.

4.

Petitioners 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 arrived at between the parties. 5.

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.

6.

Consequently, FIR No.390/2016 under Sections 452/323/34 IPC registered at PS Model Town and proceedings pursuant thereto are hereby quashed.

7.

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

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 31, 2019 mamta