Prateek Verma & ORS v. State (Govt.Of NCT Of Delhi)& ANR

73# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + PRATEEK VERMA & ORS ..... Petitioners Represented by:

Mr. Rajan Bajaj, Advocate with petitioners in person.

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

Ms. Suman Saharan, Advocate for Mr. R.S. Kundu, Additional Standing Counsel for State with SI Devinder Kumar, PS Model Town.

Mr. R.K. Gupta and Mr. J.P.

Malviya, Advocates for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.04.2018 Crl. M.A. No. 7053/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 210/2017 under Sections 498A/406/34 IPC registered at PS Model Town, 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 learned Additional Standing Counsel for the State on instructions from the Investigating Officer 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 learned counsel and Investigating Officer states that she has settled the matter with the Petitioners vide Memorandum of Understanding dated 5th February, 2018. 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. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹6.25 lakhs to respondent No.2 out of which she has already received a sum of ₹4.25 lakhs and the balance amount of ₹2 lakhs has been received by her today in Court vide Demand Draft Nos. 511094 and 511098 dated 13th April, 2018 and 16th April, 2018 respectively drawn on ICICI Bank, Connaught Place, New Delhi. 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.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties vide Memorandum of Understanding dated 5th February, 2018, copy whereof is annexed as Annexure P2 to the present petition.

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. 210/2017 under Sections 498A/406/34 IPC registered at PS Model Town, 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 18, 2018 'vn'