← Library
High Court of DelhiCRL.M.C./2673/2016

Akash Narain Yadav & ORS v. The State & ANR (Govt Of N.C.T Of Delhi)

2016-09-29Hon'Ble Ms. Justice Mukta Gupta2 pages

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2673/2016 AKASH NARAIN YADAV & ORS ..... Petitioner Represented by:

Mr. Yogesh Saxena, Adv. with petitioners.

versus THE STATE & ANR (GOVT OF N.C.T OF DELHI) ..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI R.P. Singh and W/SI Shiksha, PS Dwarka (South).

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.09.2016 By the present petition, the petitioners seek quashing of FIR No.221/2015 under Sections 498A/354B/406/34 IPC registered at PS Dwarka South on the complaint of respondent no.2 and proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR the three petitioners are only accused and respondent No.2 the only complainant/victim.

Respondent No.2 who is present in Court and is identified by the investigating officer submits that she has settled the matter with the petitioners in terms of settlement agreement dated 30th April, 2015 copy of which has been annexed as Annexure P-2 to the petition at pages 44 to 47. She states that in terms of settlement, she does not wish to pursue the above noted FIR and proceedings pursuant thereto.

She has not claimed any

stridhan, maintenance, permanent alimony etc. and will not have any claim in respect thereof if the petitioners abide by the terms of settlement arrived at between the parties.

The petitioners who are present in Court and identified by their counsel affirm the statement of respondent No.2 and state that they will 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.221/2015 under Sections 498A/354B/406/34 IPC registered at PS Dwarka South, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 29, 2016 'v mittal'