Bhupendra Singh @ Bharat & ORS v. State ( NCT Of Delhi) & ANR

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BHUPENDRA SINGH @ BHARAT & ORS ..... Petitioner Represented by:

Mr. Akhilesh Kumar, Advocate.

Petitioner Nos. 1 & 2 in person.

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

Ms. Kamna Vohra, ASC with SI Raghu Raj Singh, PS Mandawli. R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.03.2018 Crl.M.A. No. 5452/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 1036/2014 under Sections 498A/406/34 IPC registered at PS Mandawli, 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 submits that in the above noted FIR the four 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 Delhi Mediation Centre, Karkardooma Court, Delhi on 20th October, 2016 copy whereof is annexed as Annexure B to the present petition. In terms of the settlement the respondent No. 2 is now living with the petitioner No. 1 in the matrimonial home along with petitioner Nos. 2 to 4 over the last one and half years and during the said period they have been blessed with a child as well. 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.

Petitioner Nos. 1 and 2 are present in Court and are identified by the learned counsel. Petitioner No. 3 is stated to be unwell and petitioner No. 4 is looking after her thus the petitioner No. 3 and petitioner No. 4 could not come to the Court. Petitioner Nos. 3 and 4 are exempted from appearing in the Court.

Petitioner Nos. 1 and 2 affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties before Delhi Mediation Centre, Karkardooma Court, Delhi on 20th October, 2016 and ensure that no cause of grievance will be given to respondent No. 2 in her future married life.

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. 1036/2014 under Sections 498A/406/34 IPC registered at PS Mandawli, 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'