Mahesh Yadav & ORS. v. State & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAHESH YADAV & ORS.

..... Petitioner Represented by:

Mr. Pramod Kumar, Adv.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Iti Pandey, proxy Adv. for Ms.

Nandita Rao, ASC with SI Seema PS Dwarka South.

Mr. Pradeep Sharma, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.02.2019 Crl.M.A. 4240/2019 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 118/2017 under Sections 498A/406/34 IPC registered at PS Dwarka South, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the accused and respondent No.2 the 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 before the Counselling Cell, Dwarka Courts on 19th January, 2018. She further states that in lieu of all her claims of maintenance, istridhan, alimony, etc., she has already received a sum of ₹7 lakhs and the balance amount of ₹3 lakhs has been received by her today in Court by way of demand draft No. '457067' drawn on Syndicate Bank. She states that the above-noted FIR be quashed and undertakes to abide by the terms of settlement arrived at between the parties. 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.

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. 118/2017 under Sections 498A/406/34 IPC registered at PS Dwarka South, 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 25, 2019 'ga'