Ravindra Bijalwan v. State (NCT Of Delhi) & ANR

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAVINDRA BIJALWAN ..... Petitioner Represented by:

Mr. Vikas Walia, Advocate.

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

Mr. R.S. Kundu, ASC with Ms.

Suman Saharan, Advocate with SI Bansilal, PS Mehrauli.

Mr. Syed Irfan Alam, Ms. Sana Khan and Mohd. Athaer Khan, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.04.2018 Crl.M.A. No. 6207/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 484/2016 under Sections 506/509 IPC registered at PS Mehrauli, 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 petitioner is 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 learned counsel states that she has settled the matter with the petitioner who is her ex-husband. In terms of the settlement divorce has been granted between petitioner and respondent No. 2 and she has received the balance amount of ₹3,00,000/- vide demand draft No. 592487 dated 3rd March, 2018, today in Court. She further states that she has now no claim whatsoever remaining against the petitioner. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the learned counsel affirm the statement of respondent No.2 and undertake to 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. 484/2016 under Sections 506/509 IPC registered at PS Mehrauli, 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.

APRIL 09, 2018/'yo'