Lakhan Singh v. Govt Of N.C.T Of Delhi & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1819/2016 LAKHAN SINGH ..... Petitioner Represented by:

Mr. S.S. Rajore, Mr. Ravindra Singh, Advs.

versus GOVT OF N.C.T OF DELHI & ANR ..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Khem Chand PS Welcome.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.09.2016 By the present petition the petitioner seeks quashing of FIR No. 221/2012 under Sections 498A/406//34 IPC registered at PS Welcome, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR four accused were named, however charge-sheet was filed only against the petitioner and three other accused were kept in column No.12 who were not summoned by the Trial Court. He further states that the respondent No.2 is the only complainant/ victim in the above-noted FIR.

CRL.M.C. 1819/2016

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioner and divorce by mutual consent has been granted between the petitioner and respondent No.2. In terms of the settlement she is entitled to receive a sum of `1 lakh out of which she has already received a sum of `60,000/- and the balance amount of `40,000/- has been received by her today in Court. Now she has no claim whatsoever remaining qua istridhan, alimony, maintenance etc. against the petitioner. She states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

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. 221/2012 under Sections 498A/406//34 IPC registered at PS Welcome, 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.

SEPTEMBER 21, 2016 /'ga'

CRL.M.C. 1819/2016