Neeraj & ORS v. State (NCT Of Delhi) & ANR

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1222/2017 NEERAJ & ORS ... Petitioners Represented by:

Mr.Vijay Dalal, Advocate versus STATE (NCT OF DELHI) & ANR ... Respondents Represented by:

Ms.Manjit Arya, APP for the State with SI Sunder singh, PS Baba Haridas Nagar Ms.Rajni Gupta, proxy counsel for Mr.Anirudh Yadav, for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 04.12.2017 1.

By this petition the petitioners seek quashing of FIR No.221/2013 under Section 498A/406/34 IPC registered at Police Station Baba Haridas Nagar on the complaint of respondent No.2 and the proceedings thereto on the ground that parties have settled the matter. 2.

Learned APP, on instructions, submits that in the present FIR, four petitioners are the only accused and respondent No.2 is the only complainant.

3.

Respondent No.2 is present in court and is identified by her counsel and the Investigating Officer. She states that she has settled the matter with

the petitioners vide Settlement dated 21st August, 2015 before the Counselling Cell and in terms of the Settlement, divorce by mutual consent has been granted to petitioner No.1 and respondent No.2. In full and final settlement of all her claims i.e. maintenance, streedhan, alimony etc. respondent No. 2 was to receive a sum of ₹1,00,000/- out of which she has received ₹50,000/- and the balance amount of ₹50,000/- has been handed over to the respondent No.2 today in Court vide Banker's Cheque No.506315 dated 22.09.2017 drawn on Bank of India. Respondent No.2 states that she has no claim whatsoever remaining against the petitioners and she does not want to pursue the above mentioned FIR and proceedings pursuant thereto. She further states that she will abide by the terms of the Settlement dated 21st August, 2015.

4.

Petitioners who are present in court and are identified by the learned counsel affirm the statement of respondent No. 2 and state that they will abide by the terms of the Settlement dated 21st August, 2015. 5.

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.

6.

Consequently, FIR No.221/2013 under Section 498A/406/34 IPC registered at Police Station Baba Haridas Nagar and proceedings pursuant thereto are hereby quashed.

7.

Petitioners No.1 to 4 and respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court. 8.

Petition is disposed of.

9.

Order dasti MUKTA GUPTA, J.

DECEMBER 04, 2017 'rk'