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High Court of DelhiCRL.M.C./2414/2016

Narender Pal Singh Rawat & ORS v. The State (Govt Of NCT Delhi) & ORS

2016-07-13Hon'Ble Ms. Justice Mukta Gupta2 pages

42#$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2414/2016 NARENDER PAL SINGH RAWAT & ORS ..... Petitioners Represented by:

Mr. S.K. Sharma, Advocate with petitioners in person.

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

Mr. Ashok K. Garg, APP for the State with SI Shyam Lal, PS Kalyan Puri.

Complainant in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.07.2016 Crl. M.A. No. 10326/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2414/2016 By this petition the petitioners seek quashing of FIR No. 96/2010 under Sections 498A/406/34 IPC registered at PS Kalyan Puri, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

The complainant/Respondent No. 2 Ms.Usha Bisht is present in Court and is identified by the Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have entered into a Compromise. 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 CRL.M.C. 2414/2016

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 agreed to pay a sum of `2 lakhs out of which `1.40 lakhs have already been paid to her and remaining amount of `60,000/- have been paid today. Respondent No. 2 accepts receipt of payment of `2 lakhs, in lieu of settlement of all her claims towards the petitioners. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are also present in court and are identified by their counsel state that they will abide by the terms of the settlement.

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. 96/2010 under Sections 498A/406/34 IPC registered at PS Kalyan Puri, 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.

JULY 13, 2016/'vn'

CRL.M.C. 2414/2016