Puneet Chhabra & ORS. v. State & ANR.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PUNEET CHHABRA & ORS.

..... Petitioner Represented by:

Mr. Gurmit Singh Hans, Ms.

Richa Verma, Ms. Aarti Manchanda, Advs.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Sunny Kumar PS Rani Bagh.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.02.2017 Crl.M.A. 2549/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 669/2014 under Sections 498A/406/34 IPC registered at PS Rani Bagh, 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 eight 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 Mediation Centre, Delhi High Court on 9th February, 2016 pursuant where to petitioner No.1 and respondent No.2 have been granted divorce by mutual consent. She states that in lieu of all her claims of maintenance, istiridhan, alimony, etc. she is entitled to receive a sum of ₹10 lakhs out of which she has already received ₹6 lakhs and the balance amount of ₹4 lakhs has been received by her today in Court by way of demand draft No. '571247' drawn on Corporation Bank. She states that the minor child Gungun born on 13th September, 2013 out of the wedlock will remain in her care and custody and the petitioners will neither have her custody nor the visiting rights.

She states that she has no claim whatsoever remaining against the petitioners and does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. Petitioners No.1, 4, 6 to 8 are present in Court and are identified by the learned counsel. They affirm the statement of respondent No.2 and state that they will abide by the terms and settlement arrived at between the parties on 9th February, 2016. Petitioners No.2 and 3 are the old parents of petitioner No.1 and petitioner No.5 the sister-in-law who is suffering from ailment and thus not able to attend the Court. Petitioners No.2, 3 and 5 are exempted from appearing before the Court.

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. 669/2014 under Sections 498A/406/34 IPC registered at PS Rani Bagh, 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 13, 2017 'ga'