Kanwaljeet Singh v. The State & ANR

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KANWALJEET SINGH ..... Petitioner Represented by:

Mr. Bhupinder Singh, Adv.

versus THE STATE & ANR ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with SI Satbir Singh PS Tilak Nagar.

Mr. N.K. Jain, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.10.2016 By the present petition the petitioner seeks quashing of FIR No. 929/2000 under Sections 406/498A/34 IPC registered at PS Tilak Nagar, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that though in the FIR 10 accused were arrayed but charge was framed by the learned Trial Court against the petitioner only. She further states that the respondent No.2 is the only complainant/ victim in the abovenoted FIR.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioner. Initially the settlement was arrived at before the mediation centre, Tis Hazari Courts but the same not given complete effect and thereafter again the matter was referred to the Delhi Mediation Centre and the final terms of settlement were agreed to on 22nd February, 2016 copy whereof is at pages 48 to 49 of the paper book. Respondent No.2 states that she has already received a sum of ₹2,75,000/- in lieu of all her claims of maintenance, istridhan, alimony etc. and has no claim whatsoever against the petitioner.

She further states that one banker's cheque of ₹1 lakh drawn on Bank of Baroda has been received by her in the name of the minor daughter Daljeet Kaur which will be converted into a fixed deposit and this money will be utilized for the upbringing of the girl child. She further states that the girl child Daljeet Kaur will remain in her care and custody till she attains the majority and the petitioner will have no visiting rights. However, after attaining the majority it will be the decision of the girl child. She states that in view of the settlement arrived at between the parties she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and states that he will abide by the terms of settlement arrived at between the parties. 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. 929/2000 under Sections 406/498A/34 IPC registered at PS Tilak Nagar, 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.

OCTOBER 18, 2016 'ga'