Mukesh Gupta & ORS v. State (Govt Of NCT Of Delhi) & ANR

37# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUKESH GUPTA & ORS ..... Petitioners Represented by:

Mr. Hasan Anzar, Mr. Samama Suhai and Mr. Osama Suhail, Advocates with petitioners in person.

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

Ms. Meenakshi Chuahan, APP for the State with SI Roshan Lal, PS Nangloi, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.03.2017 By the present petition the petitioners seek quashing of FIR No. 178/2012 under Sections 498A/406/34 IPC registered at PS Nangloi, 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 submits that in the above noted FIR the four petitioners are the only accused and the respondent No.2 the complainant/victim.

The complainant/Respondent No. 2 Ms. Rohini Goel, who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Tis

Hazari Courts on 2nd July, 2016, copy whereof is annexed at pages 44-45 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 ₹5 lakhs to the respondent No.2 out of which she has already received a sum of ₹4 lakhs and the balance amount of ₹1 lakhs has been paid to her today in Court vide Demand Draft No. 000418 dated 13th February, 2017 drawn on Axis Bank Ltd. Respondent No.2 states that now she has no claims whatsoever remaining against the petitioners. She 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 learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement arrived at between the parties before the Delhi Mediation Centre, Tis Hazari Courts on 2nd July, 2016. 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. 178/2012 under Sections 498A/406/34 IPC registered at PS Nangloi, 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.

MARCH 22, 2017 'vn'