Vishal Gupta And ORS v. The State(Govt. Of NCT Of Delhi) And ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VISHAL GUPTA AND ORS ..... Petitioners Represented by:

Mr. S.K. Kapoor, Advocate versus THE STATE(GOVT. OF NCT OF DELHI) AND ANR... Respondent Represented by:

Mr. R.S. Kundu, APP with ASI Hawa Singh, PS Nihal Vihar Mr. Mukesh Kumar, Advocate for R2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 04.02.2019 Crl.M.A. 2517/2019 Exemption allowed subject to just exceptions. By this petition, the petitioners seek quashing of FIR No. 518/2015 under Section 498A/406/34 IPC registered at PS Nihal Vihar 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 submits that though in the above-noted FIR, besides four petitioners, other accused were named, however, chargesheet has been filed only against the four petitioners and respondent No. 2 is the only complainant/victim. Respondent No. 2 is present in Court and is identified by the Investigating officer as well as her counsel. Respondent No. 2 states that she has settled the matter with the petitioner vide the compromise deed dated 28.11.2018. The petitioner No. 1

and respondent No. 2 are living together for the last one year in a separate accommodation away from the matrimonial home along with their minor daughter. The respondent No. 2 has now no grievance and undertakes to abide by the terms of the settlement arrived at between the parties. She does not wish to pursue the above noted FIR and the proceedings pursuant thereto.

The petitioner No. 1 is present in Court and is identified by the learned counsel, who affirms the statement of respondent No. 2 and assures that he will make his best endeavour to lead a happy married life with the respondent No. 2.

Petitioner No. 2 is stated to be unwell and thus petitioner Nos. 3 and 4 are required to be with her at Uttarakhand. Petitioner Nos. 2 to 4 are thus exempted from appearing before 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. 518/2015 under Section 498A/406/34 IPC registered at PS Nihal Vihar and proceedings pursuant thereto are hereby quashed qua all the petitioners.

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

Petition is disposed of. Order dasti.

FEBRUARY 04, 2019 MUKTA GUPTA, J.

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