Ayush Dhingra & ORS v. State ( NCT Of Delhi) & ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AYUSH DHINGRA & ORS ..... Petitioners Represented by:

Mr.Vinod Khanna and Mr.Vimal Dhingra, Advocates versus STATE ( NCT OF DELHI) & ANR ..... Respondents Represented by:

Ms.Richa Kapoor, ASC for the State with Mr.Ashish Negi, Advocate for the State with W/SI Darshan, PS Dabri Mr.Kunal Kalra and Mr.Rishu Singh, Advocates for R-2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.03.2019 1.

By this petition the petitioners seek quashing of FIR No.173/2018 under Sections 498A/406/34 IPC registered at PS Dabri 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 on instructions submits that in the above noted FIR the three 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 before the Counselling Cell, Family Courts, Tis Hazari on 19th April, 2018 pursuant whereto marriage between the petitioner No.1 and respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the respondent No.2, the petitioner No.1 has to pay a sum of ₹4,50,000/- to respondent No.2 out of which she has already received a sum of ₹3,00,000/- and the balance amount of ₹1,50,000/- has been received by her today in Court vide Banker's Cheque No.161079 drawn on Bank of India. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She also undertakes to abide by the terms of settlement.

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.173/2018 under Sections 498A/406/34 IPC registered at PS Dabri 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.

MARCH 14, 2019 mamta