Afsari & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1693/2016 AFSARI & ORS ..... Petitioner Represented by:

Mr. Imran Azeem, Mr. Sehal Khan, Advs.

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

Mr. Ashok Kumar Garg, APP with SI Varun PS Jamia Nagar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.09.2016 By the present petition, the Petitioners seek quashing of FIR No. 69/2015 under Sections 498A/406/34 IPC registered at PS Jamia Nagar, 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 petitioners No.1 to 9 are the accused and respondent No.2 the complainant. He further states that petitioner No.10 is not an accused and is an unnecessary party. Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners after the registration of FIR and since April 2015 she is residing CRL.M.C. 1693/2016

with the petitioners in the matrimonial home and she has no cause of grievance now. Memorandum of understanding has also been arrived at between the parties on 19th April, 2016 copy whereof has been placed on record at pages 36-37 of the paper book. She states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners No.1 to 9 who are present in Court and are identified by the learned counsel state that there would be no cause of grievance to the respondent No.2 and ensure that petitioner No.2 and respondent No.2 lead a happy married life.

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. 69/2015 under Sections 498A/406/34 IPC registered at PS Jamia Nagar, 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 08, 2016 'ga'

CRL.M.C. 1693/2016