Gynender Kumar & ORS v. The State NCT Of Delhi & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GYNENDER KUMAR & ORS ..... Petitioner Represented by:

Mr. Naresh Kumar and Mr.

S.Narula and Mr. S. Murli Manoharam, Advocates.

Petitioners in person.

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

Mr. Siddharth Sindhu, proxy counsel for Mr. Sanjay Lao, ASC with SI Sumedha, PS Ashok Vihar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.03.2018 Crl.M.A. No. 5435/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 278/2016 under Sections 498A/406/34 IPC registered at PS AshokVihar, 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 the learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the eleven

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 Investigating Officer states that she has settled the matter with the petitioners before the Counselling Cell of learned Judge Family Court, (North-West District) Rohini on 3rd November, 2017 copy whereof is annexed as Annexure P-3 to the present petition. 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 ₹2.75 lakhs to respondent No.2 out of which she has already received a sum of ₹1.75 lakhs and the balance amount of ₹1 lakhs has been received by her today in Court vide Demand Draft No.

798031 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. 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 before the Counselling Cell of learned Judge Family Court, (North-West District) Rohini on 3rd November, 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. 278/2016 under Sections 498A/406/34 IPC registered at PS AshokVihar, 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 23, 2018 'yo'