Amit Kumar Gupta & ORS v. State (Govt. NCT Of Delhi)& ANR

63# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMIT KUMAR GUPTA & ORS ..... Petitioners Represented by:

Mr. Manish Bhadauria and Ms.

Priyanka Bhadauria, Advocates with petitioners in person.

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

Mr. Ashish Aggarwal, Additional Standing Counsel for State with SI Mintu Singh, PS Geeta Colony.

Ms. Shivani Mittal, 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. 7915/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 274/2017 under Sections 498A/406/34 IPC registered at PS Geeta Colony, 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 five 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 before the Delhi Mediation Centre, Karkardooma Courts 5th January, 2018, copy whereof is annexed as Annexure-E of the paper book. 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 ₹13 lakhs to respondent No.

2 out of which she has already received a sum of ₹8 lakhs and the balance amount of ₹5 lakhs has been received by her today in Court vide Demand Draft Nos. 628054 and 628056 dated 18th April, 2018 drawn on Dena Bank, Laxmi Nagar, 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 and will abide by the terms of the settlement. 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 before the Delhi Mediation Centre, Karkardooma Courts on 5th January, 2018.

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. 274/2017 under Sections 498A/406/34 IPC registered at PS Geeta Colony, 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'