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High Court of DelhiCRL.M.C./1369/2017

Naveneet Ranka & ORS. v. State (NCT Of Delhi) & ANR

2017-03-30Hon'Ble Ms. Justice Mukta Gupta3 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1369/2017 NAVENEET RANKA & ORS.

..... Petitioner Represented by:

Mr. Shamindra Kadian, Adv.

with P-1.

versus STATE (NCT OF DELHI) & ANR ..... Respondent Represented by:

Mr. Amit Ahlawat, APP with ASI Sunder Prakash, CAW Cell/ED Mr. Devendra Verma, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.03.2017 1.

By the present petition, the Petitioners seek quashing of FIR No. 1009/2013 under Sections 498A/406/34 IPC registered at PS Shakarpur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto as the parties have settled the matter. 2.

Learned APP for the State on instructions states that in the above noted FIR, four petitioners are the only accused and respondent No.2 the only complainant/victim.

3.

Respondent No. 2 who is present in Court and identified by learned counsel and the investigating officer states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Karkardooma Court on 4th May, 2016. Copy of the settlement agreement has been placed on record as Annexure-B at pages 51 to 54 of the paper book. She states that

divorce by mutual consent has been granted between petitioner No.1 and respondent No.2. She states that in lieu of all her claims towards maintenance/istridhan/permanent alimony etc. respondent No.2 is entitled to receive a sum of ₹10 lakhs out of which she has already received ₹6 lakhs and balance amount of ₹4 lakhs has been received by her today in Court by way of demand draft No.046984 dated 14th March, 2017 drawn on Axis Bank, Tilak Nagar Jaipur. She states that she has now no claim remaining against the petitioners. She will abide by the terms of settlement in terms of the settlement and does not wish to pursue the above noted FIR and proceedings pursuant thereto. Petitioner No.1 who is present in Court and identified by learned counsel affirms the statement of respondent No.2 and states that he will abide by the terms of settlement dated 4th May, 2016 arrived at between the parties before the Mediation Centre, Karkardooma Courts. Petitioner Nos. 2 to 4 who are all residents of Rajasthan are exempted from appearing before this Court.

4.

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.

5.

Consequently, FIR No. 1009/2013 under Sections 498A/406/34 IPC registered at PS Shakarpur, Delhi and proceedings pursuant thereto are hereby quashed.

6.

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

7.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 30, 2017 'v mittal'