Vikram Singh & ORS v. State & ANR

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIKRAM SINGH & ORS ..... Petitioner Represented by:

Mr. O.P. Mishra, Adv.

versus STATE & ANR ..... Respondent Represented by:

Mr. Amit Ahlawat, APP with Insp. Meena Yadav, PS palam Village.

Ms. Vrishti Gupta, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.02.2017 Crl.M.A. 2619/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 610/2014 under Sections 498A/406/34 IPC registered at PS Palam Village, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the five 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 learned counsel and the Investigating Officer. She states that she has settled the

matter with the petitioners before the learned Principal Judge, Family Courts, Tis Hazari on 27th November, 2015 pursuant whereto 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 is entitled to receive a sum of ₹17 lakhs out of which she has already received ₹12 lakhs and the balance amount of ₹5 lakhs have been received by her today in Court by way of demand draft No. '926267' drawn on Indian Bank. She states that she will abide by the terms of settlement and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The 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 on 27th November, 2015.

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. 610/2014 under Sections 498A/406/34 IPC registered at PS Palam Village, 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 is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 14, 2017 'ga'