Arun Bahl v. The State & ORS

52#$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARUN BAHL ..... Petitioner Represented by:

Mr. M.K. Sharma, Advocate with petitioner in person.

versus THE STATE & ORS ..... Respondents Represented by:

Ms. Kamna Vohra, Additional Standing Counsel for State with SI Sanjeev Kumar, PS Mayur Vihar.

Mr. Shantanu Bhardwaj, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.04.2018 Crl. M.A. No. 7816/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 0808/2014 under Section 307 IPC registered at PS Mayur Vihar, 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 from Investigating Officer submits that in the above-noted FIR the petitioner

is the only accused and the respondent No. 2 the complainant/victim. Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that the petitioner is her ex-husband. Since disputes arose between the petitioner and respondent No.2 above noted FIR was registered followed by FIR No. 718/2015 under Sections 498A/406/34 IPC registered at PS Mayur Vihar, New Delhi. Now the parties have settled the matter holistically before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 21st October, 2016, copy whereof is annexed as Annexure- P1 to the present petition. She states that in terms of the settlement she has received the balance amount of ₹1 lakhs by way of two demand draft bearing Nos.796642 and 796643 dated 23rd April, 2018 drawn on Kotak Mahindra Bank, Ludhiana, Punjab of ₹50,000 each, in Court today. In terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of settlement.

The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of the settlement arrived at between the parties before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 21st October, 2016. 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, 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. 0808/2014 under Section 307 IPC registered at PS Mayur Vihar, 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 27, 2018 'vn'