Vijay Singh Bhadoria & ORS v. The State & ANR

27# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIJAY SINGH BHADORIA & ORS ..... Petitioners Represented by:

Mr. Anupam Dwivedi, Advocate with petitioners in person.

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

Ms. Kamna Vohra, Additional Standing Counsel for State with Ms. Sarabjeet Kaur, Advocate with SI Karamvir, PS Narela.

Mr. Nagmani, Roy and Mr.

V.D. Mishra, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.10.2018 Copy of the order in HMA No. 556302/2014 titled as Sapna @ Bhawna vs. Vijay Singh Bhadoria has been handed over which is taken on record.

By the present petition the petitioners seek quashing of FIR No. 141/2016 under Sections 498A/406/34 IPC registered at PS Narela, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the four petitioners are the only accused

and the 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 in terms of settlement noted in the order dated 16th February, 2017, certified copy whereof has been placed on record today. 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 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 to pay a sum of ₹3 lakhs to respondent No.2 out of which she has already received a sum of ₹2 lakhs and the balance amount of ₹1 lakh has been received by her today in Court vide Demand Draft No.

290169 dated 6th October, 2018 drawn on State Bank of India, Bhind. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement 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 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.

question.

Consequently, FIR No. 141/2016 under Sections 498A/406/34 IPC registered at PS Narela, 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.

OCTOBER 09, 2018 'vn'