Ashwani Saluja v. The State& ANR

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 855/2019 ASHWANI SALUJA ..... Petitioner Represented by:

Mr. Muneesh Malhotra and Ms.

Manpreet Kaur, Advocates.

versus THE STATE& ANR ..... Respondent Represented by:

Mr. Raghuvinder Verma, APP for the State with SI Amit Pratap Singh, PS Lajpat Nagar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.02.2019 Crl.M.A. No. 3427/2019 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 855/2019 By the present petition the petitioner seeks quashing of FIR No. 931/2015 under Sections 498/406/34 IPC registered at PS Lajpat Nagar, 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 submits that in the above noted FIR the petitioner is the only accused and the respondent No. 2 is the only complainant/ victim.

Respondent No.2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioner vide the Memorandum of Understanding dated 5th February, 2019, copy whereof is annexed as Annexure-P2 to the present petition. In terms of the CRL.M.C. 855/2019

settlement the respondent No. 2 along with the two children who were with her during the period of separation will join the petitioner at the matrimonial home where they were staying at Lajpat Nagar and she states that she has now no grievance from the petitioner and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties. Petitioner who is present in Court and is 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. 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. 931/2015 under Sections 498/406/34 IPC registered at PS Lajpat Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

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 15, 2019 'yo'

CRL.M.C. 855/2019