Neha Chanda & ORS v. State (NCT Of Delhi) & ANR

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + NEHA CHANDA & ORS ..... Petitioner Represented by:

Ms. Jyoti and Ms. Seema Gola, Advocates.

versus STATE (NCT OF DELHI) & ANR ..... Respondent Represented by:

Mr. Siddharth Sindhu, Advocate for Mr. Sanjay Lao ASC with SI Devender Kumar, PS Uttam Nagar.

Mr. Vikas Bhatia, Adv. for R2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.02.2018 Crl.M.A. No. 3534/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 101/2017 under Sections 323/341/506/34 IPC registered at PS Uttam 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 proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the five 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. He states that he has settled the matter with the petitioners. Petition No. 1 being his wife and petition Nos. 2 to 5 his in laws. He states that he has settled the matter with the Petitioners before the Mediation Centre, Dwarka Courts on 30th March, 2017, copy of which order is placed on record at pages 48 to 53 of the paper book. Petitioner No. 1 and respondent No. 2 are living together separately from the matrimonial home and there are no disputes between the parties and in terms of the settlement he does not want to pursue the abovementioned 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 undertake to abide by the terms arrived at before the Mediation Centre, Dwarka Courts dated 30th March, 2017.

Partis also undertake to abide by the settlement compromise-cum settlement deed dated 16th January, 2018.

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. 101/2017 under Sections 323/341/506/34 IPC registered at PS Uttam Nagar, 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 23, 2018 'yo'