Manjeet Rithalia & ORS v. State (NCT Of Delhi) & ANR

38# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1365/2018 MANJEET RITHALIA & ORS ..... Petitioners Represented by:

Mr. Kanwar Kocchar, Advocate with petitioners in person.

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

Ms. Kamna Vohra, Additional Standing Counsel for State with SI Karamvir, PS Narela.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.09.2018 By the present petition the petitioners seek quashing of FIR No. 887/2016 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 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 as impleaded by the amended memo of parties 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 Investigating Officer states that she has settled the matter with the Petitioners and she is now residing with the petitioners in the matrimonial W.P.(CRL) 1365/2018

home for the last 11⁄2 years. A child has been born from the wedlock of petitioner No.1 and respondent No.2 one month ago. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and assure that no cause of grievance will be given to the respondent No.2. 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. 887/2016 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.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 06, 2018/'vn'

W.P.(CRL) 1365/2018