Gulshan Kumar v. State & ANR

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 702/2018 GULSHAN KUMAR & ORS.

... Petitioners Represented by:

Mr.Sunil Chowdhary, Advocate versus STATE & ANR ... Respondents Represented by:

Mr.Piyush Singhal, proxy counsel for Mr.Ashish Aggarwal, ASC for the State with W/ASI Asmita, PS Najafgarh

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.05.2018 By the present petition the petitioners seek quashing of FIR No.467/2016 under Sections 498-A/406/34 IPC registered at PS Najafgarh 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 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 before the Counselling Cell, Family Courts, Dwarka Court, New Delhi on 2nd August, 2017 and even prior thereto, she had been W.P.(CRL) 702/2018

residing in the matrimonial home since 15th March, 2017 along with her husband, daughter and other family members. She states that she has now no cause of grievance against the petitioners and she will abide by the terms of the settlement and does not wish 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 of settlement arrived at between the parties on 2nd August, 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, 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.467/2016 under Sections 498-A/406/34 IPC registered at PS Najafgarh 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.

MAY 09, 2018 'rk'

W.P.(CRL) 702/2018