Ajay Kumar & ORS v. The State & ANR

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AJAY KUMAR & ORS ..... Petitioners Represented by:

Mr.O.P.Sharma, Advocate versus THE STATE & ANR ..... Respondents Represented by:

Mr.Ranbir Singh Kundu, ASC for State with Ms.Suman Saharan and Mr.Bhagat Singh, Advocates and SI Snehlata PS Malviya Nagar Mr.Mukesh, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.05.2018 Crl.M.A.No.9087/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.1488/2018 1.

By the present petition, the petitioners seek quashing of FIR No.200/2017 under Sections 406/498-A/34 IPC registered at PS Malviya Nagar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the seven petitioners are the only accused and the respondent No.2 is the only complainant/victim.

3.

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 Mediation Centre, Saket Courts, New Delhi on 22nd September, 2017 copy whereof is annexed as Annexure P-2 to the present petition. In terms of the settlement, petitioner No.1 and respondent No.2 have reconciled their disputes. Respondent No.2 states that she is residing with petitioner No.1 and two minor children in a separate accommodation since 6th October, 2017 and she has now no cause of grievance. She undertakes to abide by the terms of settlement. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

4.

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. 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.200/2017 under Sections 406/498-A/34 IPC registered at PS Malviya Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 14, 2018 mamta