Rishi @ Pappu & ORS v. The State Of NCT Delhi & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + RISHI @ PAPPU & ORS ..... Petitioners Through: Ms. Rajmala Dohare, Advocate with petitioners No.1 to 4 versus THE STATE OF NCT DELHI & ANR ..... Respondents Through: Ms. Manjeet Arya, APP for State with

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 21.01.2020 CRL.M.A. 43296/2019 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No.861/2014 under Sections 498A/406/34 IPC registered at P.S. Jyoti Nagar, Delhi on the ground that the parties have settled their disputes. 2.

Learned counsel for the petitioners submits that petitioners No.1 to 4 are present but petitioner No.5 is not present in court today as she is unwell. 3.

Learned APP for the State submits that the charge-sheet in the present case has been filed under the aforesaid sections against the present petitioners and respondent No.2 is the only complainant/victim.

4.

Learned counsels for the parties submit that the parties have entered into a settlement before Delhi Mediation Centre, Karkardooma Courts, Delhi on 29.06.2016. A copy of the settlement agreement is annexed as AnnexureP3 with the petition. In terms of the settlement, petitioners have handed over a demand draft of Rs.1,00,000/- bearing No. 253874 dated 15.01.2020 drawn on Syndicate Bank to respondent No.2 in Court today. The parties have already obtained a decree of divorce by mutual consent passed by the Family Courts, Shahdara District, Karkardooma Courts, Delhi on 25.07.2017. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

5.

Petitioners No.1 to 4 are present in person and has been identified by his counsel and the Investigating Officer. Respondent No. 2 is also present in person and has also been identified by the Investigating Officer. 6.

Respondent No. 2, who is present in Court, states that she has entered into the settlement agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

7.

The parties are bound by the statements made in Court today. 8.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

9.

In view of the above facts and since the disputes are matrimonial in nature which have been amicably settled, no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. 10.

With the above directions, the petition is disposed of.

11.

Order dasti to the learned counsels for the parties. MANOJ KUMAR OHRI, J JANUARY 21, 2020 na