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

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ VIRENDER KUMAR & ORS ..... Petitioners Represented by:

Mr. Naseem Ahmad, Advocate with petitioners in person.

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

Ms. Meenakshi Chauhan, APP for the State with SI Manish Kumar Spl. Cell/NDR, Lodhi Colony and SI Vinod Kumar, CAW Cell/East.

Ms. Pnki Rani, Mr. Deepak Aggarwal, Advocates with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.09.2016 By the present petition the petitioners seek quashing of FIR No. 751/2012 under Sections 498A/406/34 IPC registered at PS Shakarpur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant/victim.

The complainant/Respondent No. 2 Ms. Purnima who is present in

Court and is identified by the learned counsel and the Investigating Officer states that the Petitioners and Respondent No.2/Complainant have settled the matter in terms of the compromise deed dated 25th August, 2015. 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 paid a sum of `1.50 lakhs. Respondent No. 2 accepts receipt of payment of `1.50 lakhs, in lieu of settlement of all her claims towards the petitioners and she will make no claim for her maintenance. She also states that 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 state that they would abide by the terms of the Compromise Deed dated 25th August, 2015. 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. 751/2012 under Sections 498A/406/34 IPC registered at PS Shakarpur, 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 30, 2016 'vn'