Arun Kumar & ORS v. State ( Govt Of NCT Of Delhi) & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1850/2016 ARUN KUMAR & ORS ..... Petitioner Represented by:

Mr. Surender Kumar, Adv.

with petitioners.

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

Ms. Meenakshi Chauhan, APP with ASI Yashpal Singh, PS Karawal Nagar.

Mr. Sambhav Luthra, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.11.2016 By this petition, the petitioners seek quashing of FIR No.197/2014 under Sections 498A/406/34 IPC read with Section 4 of Dowry Prohibition Act registered at PS Karawal Nagar on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR the six petitioners named in the amended memo of parties are only accused and respondent No.2 the only complainant/victim. Respondent No.2 is present in Court and identified by learned counsel and the investigating officer. She states that she has settled the matter with the petitioners before the Counselling Cell, Family Court, North East District, Vishwas Nagar on 1st December, 2014. In terms of settlement, divorce by mutual consent has been granted between petitioner No.1 and

respondent No.2.

In lieu of all her claims towards maintenance/istridhan/permanent alimony etc., the respondent No.2 was to receive ₹50,000/- which she has already received and now she has no claim whatsoever against the petitioners. She does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the settlement dated 1st December, 2014 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.197/2014 under Sections 498A/406/34 IPC read with Section 4 of Dowry Prohibition Act registered at PS Karawal 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.

NOVEMBER 28, 2016 'v mittal'