Mukesh & ORS. v. NCT Of Delhi & ANR.

54# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUKESH & ORS.

..... Petitioners Represented by:

Mr. Amit Chaudhary, Mr.

Ghanshya and Mr. V.K.

Pandey, Advocates with petitioners in person.

versus NCT OF DELHI & ANR.

..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for Additional Standing Counsel for State with SI Sandeep, PS Begumpur.

Mr. Vivek Gautam, Advocate for respondent No.2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.02.2018 Crl. M.A. No. 3434/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 511/2016 under Sections 498A/406/34 IPC registered at PS Begum Pur, 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 appearing for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the

six petitioners are the only accused and the respondent No.2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the Petitioners before the Delhi Mediation Centre, Rohini Courts on 29th March, 2017, copy of which order is placed on record at pages 62 to 69 of the paper book. 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 ₹2.25 lakhs to respondent No.2 out of which she has already received a sum of ₹1.50 lakhs and the balance amount of ₹75,000/- lakhs has been received by her today in Court vide Demand Draft No.

846064 dated 4th January, 2018 drawn on Syndicate Bank. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She also states that she will abide by the terms of settlement. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the arrived at before the Delhi Mediation Centre, Rohini Courts dated 29th March, 2017.

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. 511/2016 under Sections 498A/406/34 IPC registered at PS Begum Pur, Delhi and proceedings pursuant thereto are hereby quashed against all the accused.

Parties have signed this order sheet in acknowledgment of their statements made before this Court. Petition is disposed of. Order dasti. MUKTA GUPTA, J.

FEBRUARY 22, 2018 'vn'