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High Court of DelhiCRL.M.C./1674/2016

Rohit Tikku & ORS v. State & ANR

2016-09-01Hon'Ble Ms. Justice Mukta Gupta2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1674/2016 ROHIT TIKKU & ORS ..... Petitioner Represented by:

Mr. Rajeev Aggarwal, Adv.

with P-1.

versus STATE & ANR ..... Respondents Represented by:

Mr. Ashok Kumar Garg, APP with SI Sandeep Sharma, PS Vasant Kunj (North) Mr. Manoj V. George with Ms.

Shilpa M. George, Advs. for R2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.09.2016 By this petition, the petitioners seek quashing of FIR No.692/2014 under Sections 498A/406/34 IPC registered at PS Vasant Kunj (North) on the complaint of respondent No.2 as the parties have settled the matter. Learned APP on instructions from the investigating officer states that in the above noted FIR, the four petitioners are the only accused persons and respondent No.2 is the only complainant/victim. Respondent No.2 is present in Court and is identified by her counsel and the investigating officer. She states that she has settled the matter with the petitioners. As per settlement deed dated 5th August, 2015 a copy whereof is annexed as Annexure P-2 to the present petition, divorce by

mutual consent has already been granted between petitioner No.1 and respondent No.2. Respondent no.2 has already received a sum of `70 lakhs in terms of settlement in lieu of all her claims of maintenance, alimony, stridhan and that of the child baby Samaira. She states that she has no claim whatsoever against the petitioner now and she would abide by the terms of settlement arrived at between the parties. The petitioners state that they will 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.692/2014 under Sections 498A/406/34 IPC registered at PS Vasant Kunj (North), Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court. Petitioner No.2, who is stated to be not well and presently in Mumbai, is exempted from appearing and signing the order sheet.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 01, 2016 'vkm'