Gaurav & ORS. v. State (NCT Of Delhi) & ANR
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GAURAV & ORS.
.... Petitioners Represented by:
Mr.Animesh Mishra, Advocate versus STATE (NCT OF DELHI)& ANR.
... Respondents Represented by:
Mr.Avi Singh, ASC for the State with Ms.Purnima Malik, Advocate with ASI Phool Kumar, PS Mundka Mr.Anubhav Sharawat with Mr.Danveer Singh, Advocates for respondent No.2
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 05.03.2018 Crl.M.A.No.4119/2018 (Exemption) Allowed, subject to all just exceptions.
By the present petition the petitioners seek quashing of FIR No.247/2014 under Sections 498A/406 IPC registered at PS Mundka, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions
from Investigating Officer submits that in the above-noted FIR the six 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 learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 6th September, 2017. Pursuant to the settlement divorce by mutual consent between the petitioner No.1 and respondent No.2 has been granted. In lieu of all her claims of maintenance, istridhan, alimony, etc., the respondent No.2 was to receive a total sum of ₹10,50,000/- out of which, she has already received a sum of ₹5,50,000/- and the balance amount of ₹5 lakh has been received by her today in Court vide Demand Draft No.135909 dated 5th February, 2018 drawn on Corporation Bank, Bakkarwala, New Delhi. She states that she has now no claim whatsoever remaining against the petitioners. She states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of the 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 settlement.
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.247/2014 under Sections 498A/406 IPC registered at PS Mundka, 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 05, 2018 'rk'