Pawan Bhardwaj & ORS v. The State (Govt Of NCT Of Delhi)

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 341/2016 & Crl.M.A.1896/2016 PAWAN BHARDWAJ & ORS ..... Petitioner Represented by:

Mr. Anuj Aggarwal, Mr. Vivek Aggarwal, Advs.

versus THE STATE (GOVT OF NCT OF DELHI) ..... Respondent Represented by:

Mr. R.S. Kundu, ASC with SI Kulbir Rana PS Vivek Vihar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 03.11.2016 By the present petition the petitioners seek quashing of FIR No. 523/2014 under Sections 498A/354/34 IPC registered at PS Vivek Vihar, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the four 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 she has settled the matter with the

petitioners before the Delhi Mediation Centre, Karkardoma Courts on 25th February, 2015. In terms of the settlement divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. Respondent No.2 is entitled to receive a sum of ₹85 lakhs in lieu of all her claims of maintenance, istridhan, alimony against the petitioners out of which she has already received a sum of ₹70 lakhs and the balance amount of ₹15 lakhs has been received by her today in Court by way of demand draft No.'411966'drawn on Bank of Maharashtra. She further states that the minor child Abeer born from the wedlock on 17th November, 2011 will remain in her care and custody and the petitioners will have neither the custody nor the visiting rights.

She states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. 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. 523/2014 under Sections 498A/354/34 IPC registered at PS Vivek Vihar, 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 and application are disposed of. Order dasti. MUKTA GUPTA, J.

NOVEMBER 03, 2016 'ga'