Aman Oberoi & ORS. v. State & ANR.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMAN OBEROI & ORS.

..... Petitioner Represented by:

Ms. Sandhya Gupta, Mr. Love Kanwal, Advs.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Om Prakash PS Jagat Puri.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.01.2017 Crl.M.A. 1694/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 366/2015 under Sections 498A/406/34 IPC registered at PS Jagat Puri, 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 Investigating Officer. She states that after the registration of FIR she has entered into a settlement with the petitioners vide memorandum of understanding dated 9th October, 2015. As per the memorandum of understanding dated 9th October, 2015 where after the petitioner No.1 and respondent No.2 are residing separately from the other family members in a rented accommodation as per the terms and conditions agreed upon between the parties. Respondent No.2 states that she has now no cause of grievance and will abide by the terms of settlement arrived at between the parties and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The 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. 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. 366/2015 under Sections 498A/406/34 IPC registered at PS Jagat Puri, 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 30, 2017 'ga'