Arun Kumar & ORS v. State Of NCT Of Delhi & ANR

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(Crl.) 1357/2018 ARUN KUMAR & ORS.

..... Petitioners Represented by:

Mr.Vinay Kumar Sharma, Advocate versus STATE (GOVT OF NCT DELHI) & ANR.

..... Respondents Represented by:

Ms.Kamna Vohra, ASC for the State with SI Vikash, PS Palam Village

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.05.2018 Crl.M.A.No.8226/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.1357/2018 1.

By the present petition, the petitioners seek quashing of FIR No.408/2015 under Sections 498A/406/506/34 IPC registered at PS Palam Village, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the seven petitioners are the only accused and the respondent No.2 is the only complainant/victim. 3.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the

petitioners before the Mediation Centre, Dwarka Courts, New Delhi on 6th August, 2016, copy whereof is annexed as Annexure-B to the present petition. 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 ₹5 lakhs to respondent No.2 out of which she has already received a sum of ₹3lakhs and the balance amount of ₹2 lakhs has been received by her today in Court vide Demand Draft No.879618 drawn on Syndicate Bank. She states that the minor child Baby Anshi born from the wedlock of the petitioner No.1 and respondent No.2 would live in the care and custody of petitioner No.

1 and she neither claims custody nor the visitation rights. She further states that she has no claim whatsoever remaining against the petitioners and she will abide by the terms of settlement. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. 4.

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. 5.

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.

6.

Consequently, FIR No.408/2015 under Sections 498A/406/506/34 IPC registered at PS Palam Village, Delhi and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 02, 2018 mamta