High Court of DelhiCRL.M.C./2616/2016

Dhara Singh & ORS. v. State (NCT Of Delhi ) & ANR.

2016-11-09Hon'Ble Ms. Justice Mukta Gupta2 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2616/2016 DHARA SINGH & ORS.

..... Petitioner Represented by:

Ms. Vagisha Kochar, Adv.

versus STATE (NCT OF DELHI ) & ANR.

..... Respondent Represented by:

Mr. Ravi Nayak, APP with SI Karambir PS Narela.

Ms. Mehak Nakra, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.11.2016 By the present petition the petitioners seek quashing of FIR No. 526/2005 under Sections 498A/406/34 IPC registered at PS Narela, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that parties have settled the matter. Learned APP for the State on instructions from Investigating Officer submits that the 8 petitioners are the only accused charge-sheeted for the offences noted above and respondent No.2 the only complainant/ victim. Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners. She is living with petitioner No.1 Dhara Singh CRL.M.C. 2616/2016

her husband happily separately from the in-laws for the last nearly 7-8 years after registration of FIR and even prior thereto she was not staying with her in-laws. She states that she has now no cause of grievance and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. The petitioners except petitioners No.2 and 8 who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2. Petitioner No.2 and 8 are exempted from appearing for the reason the petitioner No.2 is not in town and the petitioner No.8 is aged 100 years. 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. 526/2005 under Sections 498A/406/34 IPC registered at PS Narela, 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.

NOVEMBER 09, 2016 'ga'

CRL.M.C. 2616/2016