Hemant Goswami & ORS. v. State & ANR.

34# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + HEMANT GOSWAMI & ORS.

..... Petitioners Represented by:

Mr. Saurabh Luthra, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Jagdeep Malik, PS Geeta Colony.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.02.2017 Crl. M.A. No. 2419/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 410/2015 under Sections 498A/406/34 IPC registered at PS Geeta Colony, 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 the Investigating Officer submits that in the above noted FIR the five petitioners are the only accused and the respondent No. 2 is the only complainant/victim in the above noted FIR.

The complainant/Respondent No. 2 Ms. Dolly Goswami, who is

present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners before the learned Principal Judge, Family Court on 8th July, 2016. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹11 lakh out of which ₹7 lakhs has already been paid to her and the balance sum of ₹4 lakhs has been paid to her today in Court by way of Demand Draft No.179718 dated 13th December, 2016 drawn on Punjab National Bank, Maidan Garhi, New Delhi and the respondent No.2 now has no claims whatsoever against the petitioners. She states that she will abide by the terms of the settlement and she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement dated 8th July, 2016 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. 410/2015 under Sections 498A/406/34 IPC registered at PS Geeta Colony, 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 10, 2017 'vn'