Akshat Rastogi & ORS v. State & ANR

74# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + AKSHAT RASTOGI & ORS ..... Petitioners Represented by:

Mr. R.K.Bali, Mr. Parvesh Sharma and Mr. Ashish Kalia, Advocates with petitioners in person.

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

Mr. Sanjay Lao, Additional Standing Counsel for State with ASI Rajender Kumar, PS Mianwali Nagar.

Mr. Varun Chandiok, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.05.2018 By the present petition the petitioners seek quashing of FIR No.91/2016 under Sections 498A/406/34 IPC registered at PS Mianwali Nagar, 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 three petitioners 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 learned counsel and Investigating Officer states that she has settled the

matter with the Petitioners before the Delhi Mediation Centre, Karkardooma Courts on 9th November, 2017, copy whereof is at pages 37 to 42 of the paper book. 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 ₹17 lakhs to respondent No.2 out of which she has already received a sum of ₹11.50 lakhs and the balance amount of ₹5.50 lakhs has been received by her today in Court vide Demand Draft No. 505627 dated 5th May, 2018 drawn on ICICI Bank, Anand Vihar, Delhi. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and will abide by the terms of settlement.

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 before the Delhi Mediation Centre, Karkardooma Courts.

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.91/2016 under Sections 498A/406/34 IPC registered at PS Mianwali Nagar, 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.

MAY 07, 2018 'vn'