Arun Paliwal & ORS. v. State & ORS.

62# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARUN PALIWAL & ORS.

..... Petitioners Represented by:

Mr. Vivek Singh, Advocate with petitioners in person.

versus STATE & ORS.

..... Respondents Represented by:

Ms. Sanjay Lao, Additional Standing Counsel for State, Mr.

Siddharth Sindhu, Advocate with SI Rama Saroha, PS Model Town.

Mr. Gaurav Sharma, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.04.2018 Crl. M.A. No. 7128/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 0012/2018 under Sections 323/354A/509/34 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 Additional Standing Counsel for the State on instructions from the Investigating Officer submits that the above noted FIR is an offshoot of a matrimonial dispute between the petitioner No. 3 Ankita Paliwal and Vaibhav Pandey, son of respondent No. 2. He further states that in the above noted FIR the three petitioners are the only accused, respondent No.2 the only complainant/ victim and the respondent No. 3 the other victim.

Respondent Nos. 2 and 3 who are present in Court and are identified by the learned counsel and Investigating Officer states that the above noted FIR was registered on the complaint of respondent No. 2 wherein respondent No. 3 is also a victim as there was a matrimonial dispute between the petitioner No. 3 and son of respondent No. 2 Vaibhav Pandey. Now the parties have entered into a holistic settlement vide compromise deed dated 2nd April, 2018 and proceedings for divorce by mutual consent between Vaibhav Pandey and Ankita Paliwal had been initiated and statements for first motion for divorce by mutual consent between the two of them have been recorded. In terms of the settlement they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto and will abide by the terms of settlement.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 and 3 and undertake to abide by the terms of settlement arrived at between the parties.. 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. 0012/2018 under Sections 323/354A/509/34 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 19, 2018 'vn'