Bhupendra Deshwar v. State & ANR.

5# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BHUPENDRA DESHWAR ..... Petitioner Represented by:

Mr. Kehar Singh, Advocate with petitioner in person.

versus STATE & ANR.

..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Naresh Kumar, PS Dabri.

Mr. Mukesh Hooda, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.04.2017 By the present petition the petitioner seeks quashing of FIR No. 658/2006 under Sections 498A IPC registered at PS Dabri, 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 on instructions from the Investigating Officer submits that though in the FIR the other family members of the petitioner were arrayed as accused however, they were discharged and thus the petitioner is the only accused facing trial and respondent No.2 the only complainant/victim.

The complainant/Respondent No. 2, who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioner before the Mediation Centre, Dwarka Courts on 17th September, 2016. Thereafter the petitioner and the respondent No.2 have started living together at their matrimonial home at House No. RZ-4, Gali No.3, Kailash Puri Ext., Palam Colony, Delhi along with other family members. She states that she has now no cause of grievance and she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She also undertakes to abide by the terms of the settlement arrived at between the parties on 17th September, 2016. Petitioner who is present in Court and is identified by learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of the settlement arrived at between the parties before the Mediation Centre, Dwarka Courts on 17th September, 2016, copy whereof is annexed at pages 35-36 of the paper-book.

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. 658/2006 under Sections 498A IPC registered at PS Dabri, 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.

APRIL 27, 2017 'vn'