Ishu Deep Singh Kohli & ANR v. Statye (NCT Of Delhi) & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ISHU DEEP SINGH KOHLI & ANR ..... Petitioner Represented by:

Mr. Sahil Munjal, Ms. Rhea Gandhi Munjal, Advs.

versus STATYE (NCT OF DELHI) & ANR ..... Respondent Represented by:

Mr. Avi Singh, ASC with Ms.

Purnima Malik, Adv. with SI Karamvir PS Rajouri Garden.

Mr. Mahesh Prasad, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.02.2018 By this petition the petitioners seek quashing of FIR No.972/2014 under Sections 323/328/341/307/308/354-B/506/509/34 IPC registered at PS Rajouri Garden, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that the above-noted FIR is an offshoot of a matrimonial dispute between the petitioner No.1 and respondent No.2 who were married on 8th December, 2013. It is further stated that Section 307 IPC was incorporated during the course of investigation for the reason

the complainant alleged that she has been given some toxic substance with an intention to kill her. Learned Additional Standing Counsel for the State further submits that the FSL report has since been received and as per the stomach wash of the complainant, no toxic substance was found. He further states that in the above-noted FIR the two petitioners are the only chargesheeted accused and respondent No.2 the only 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 Mediation Centre, Tis Hazari Courts on 29th November, 2014. In terms of the settlement divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2.

In lieu of all her claims of maintenance, istridhan, alimony, etc., respondent No.2 has already received a sum of ₹18 lakhs and now she has no claim whatsoever remaining against the petitioners. She states that neither she would interfere in the family life of the petitioners nor wants any interference by the petitioners or any of their family members in her present or future life and will abide by the terms of settlement arrived at between the parties. She states that she does not wish to pursue the above-noted 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. They undertake to abide by the terms of settlement arrived at between the parties before the Mediation Centre, Tis Hazari Courts on 29th November, 2014 copy whereof is annexed as Annexure P2 to the present petition. The petitioners further state that neither they nor any of their family members would interfere in the

present and future life of the respondent No.2. 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.972/2014 under Sections 323/328/341/307/308/354-B/506/509/34 IPC registered at PS Rajouri Garden, 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 06, 2018 'ga'