Atul Sharma & ORS. v. State & ANR.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ATUL SHARMA & ORS.

..... Petitioners Through: Ms. Jyoti Gupta, Advocate alongwith petitioners in person.

Versus

STATE & ANR.

..... Respondents Through: Ms. Manjeet Arya, APP for State with ASI Charan Singh, P.S. Dabri Mr. Ashok Kumar, Advocate with respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 11.03.2020 CRL.M.A. 5222/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 67/2017 under Sections 498A/406/34 IPC registered at Police Station Dabri, Delhi on the ground that parties have settled their disputes. 2.

Learned APP for the State, on instructions, submits that the chargesheet has been filed under the aforesaid sections against the present petitioners and respondent No.2 is the only complainant/victim. 3.

Learned counsels for the parties submit that they have entered into a settlement on 02.11.2019 before Counselling Cell, Family Courts, Dwarka.

A copy of the same is annexed with the petition as Annexure P-2. As per the settlement, petitioners have paid remaining amount of Rs.4,00,000/- to respondent No.2 by way of four demand drafts in the sum of Rs.1,00,000/- each, which has been duly received and accepted by her. 4.

Learned counsel for respondent No. 2, on instructions from respondent No. 2 who is present in person, submits that as per the settlement dated 02.11.2019, respondent No. 2 has agreed to quashing of the FIR No. 67/2017 under Sections 498-A/406/34, P.S. Dabri as well as FIR No. 118/2016 under Sections 354/323/509 IPC, P.S. K.M. Pur, Delhi. In terms of the settlement respondent No.2, is now, left with no claim whatsoever against the petitioners.

5.

The petitioners and respondent No.2, who are present in person, are identified by their respective counsels and the Investigating Officer. 6.

Respondent No. 2, who is present in Court, states that she has entered into the settlement agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties are bound by the statements made in Court today. 9.

In view of the facts and since the disputes are matrimonial in nature, no useful purpose will be served in continuance of the proceedings, it is hereby directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

10.

The petition stands disposed of.

11.

Order dasti to the counsel for the parties.

MANOJ KUMAR OHRI, J MARCH 11, 2020/p'ma