Vishal Goel & ORS v. State (Govt NCT Of Delhi)
22# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + VISHAL GOEL & ORS ..... Petitioners Represented by:
Petitioner Nos.1, 2, 3, 4, 6, 8 and 9 in person.
versus STATE (GOVT NCT OF DELHI) ..... Respondents Represented by:
Ms. Iti Pandey, Advocate for Ms. Nandita Rao, Additional Standing Counsel for State with W/SI Manju Yadav, PS Janakpuri.
Respondent No.2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 29.08.2018 By the present petition the petitioners seek quashing of FIR No. 1155/2015 under Sections 498A/406/34 IPC registered at PS Janakpuri, 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 nine 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 Family Court Counselling Cell on 17th October, 2016,
copy whereof is annexed as Annexure-B 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. Respondent No. 2 has now no claims whatsoever with regard to maintenance, streedhan and alimony etc. towards the petitioners and the two files which were also remaining with the petitioners as stated by respondent No.2 on 2nd May, 2018 before this Court have also been received by her today in Court. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertake to abide by the terms of settlement.
Petitioner Nos. 1, 2, 3, 4, 6, 8 and 9 are present in Court and are identified by the Investigating Officer. Petitioner Nos. 5 and 7 are residents of Muzaffar Nagar, Uttar Pradesh and are thus exempted from appearing before this Court. Petitioner Nos. 1, 2, 3, 4, 6, 8 and 9 affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.
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. 1155/2015 under Sections 498A/406/34 IPC registered at PS Janakpuri, Delhi and proceedings pursuant thereto are hereby quashed qua all the petitioners.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of. Order dasti.
MUKTA GUPTA, J.
AUGUST 29, 2018 'vn'