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High Court of DelhiCRL.M.C./643/2017

Sameer & ORS. v. State & ANR.

2017-03-30Hon'Ble Ms. Justice Mukta Gupta3 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAMEER & ORS.

..... Petitioner Represented by:

Mr. Gulab Singh, Adv.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ravi Nayak, APP with SI Sunder Singh PS Baba Haridas Nagar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.03.2017 By the present petition the petitioners seek quashing of FIR No. 200/2014 under Sections 498A/406/34 IPC registered at PS Baba Haridas Nagar, 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 three 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 vide the compromise deed dated 30th July, 2014 copy whereof is

placed on record at pages 52 to 54 of the paper book. She states that Talakh has been pronounced between the petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan, mehar, etc., the respondent No.2 has received ₹2,25,000/- and she has now no claim whatsoever remaining against the petitioners. She states that she will abide by the terms of settlement arrived at between the parties and 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 and state that they will abide by the terms of settlement 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. 200/2014 under Sections 498A/406/34 IPC registered at PS Baba Haridas Nagar, 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.

MARCH 30, 2017 'ga'