Devender Chauhan & ORS v. The State ( Govt Of NCT Of Delhi) & & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1865/2016 DEVENDER CHAUHAN & ORS ..... Petitioner Represented by:

Mr. T.R. Arora, Adv.

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

Mr. Ashok Kumar Garg, APP with SI Mahesh Singh PS Pandav Nagar.

Mr. Raj Kumar, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.09.2016 By the present petition, the Petitioners seek quashing of FIR No. 425/2012 under Sections 498A/34 IPC registered at PS Pandav 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 in the above-noted FIR the 7 petitioners are the only accused and respondent No.2 the only complainant/victim. 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 petitioners and divorce by mutual consent has been granted CRL.M.C. 1865/2016

between petitioner No.1 and respondent No.2. In terms of the settlement the respondent No.2 is entitled to receive a sum of `2,15,000/- out of which she has already received a sum of `1,50,000/- in the form of `75,000/- each at the time of recording of the two statements for grant of divorce on mutual consent and the balance amount of `65,000/- has been received by her today in Court by way of demand draft No.‟477959‟ drawn on South Indian Bank. She states that she has no claim whatsoever remaining against the petitioners in regard to her maintenance, istridhan or alimony etc. and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

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. 425/2012 under Sections 498A/34 IPC registered at PS Pandav 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.

SEPTEMBER 06, 2016 'ga'

CRL.M.C. 1865/2016