Puran Singh Rawat & ORS v. State & ANR.

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PURAN SINGH RAWAT & ORS ..... Petitioner Represented by:

Mr. Dinesh Kumar Verma, Advocate.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Standing Counsel with ASI Harikesh, PS Moti Nagar.

Mr. V.K. Thapar, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.05.2018 Crl.M.A. No. 10139/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 248/2007 under Sections 498A/406/34 IPC registered at PS Moti Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Standing Counsel for the State on instructions submits that in the above noted FIR the charge sheet was filed

against five accused including husband, petitioner No. 1, two brothers-inlaw, petitioner Nos. 2 and 3 here in and the parents of the petitioners and the respondent No.2 is the only complainant/ victim. Learned counsel for the petitioners informs that the parents of the petitioner No. 1 have since passed away, thus, petitioner Nos. 1, 2 and 3 are the only accused and respondent No. 2 is the only complainant/victim. 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 and residing together from January, 2012 along with their minor sons, Rohit and Aadarsh. She states that she is residing peacefully and in a harmonious relationship with petitioner No. 1 and thus she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

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.

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. 248/2007 under Sections 498A/406/34 IPC registered at PS Moti Nagar, Delhi and proceedings pursuant thereto are

hereby quashed.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 24, 2018 'yo'