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High Court of DelhiCRL.M.C./4802/2016

Anjan Kumar Singh @ Jeetu & ORS v. The State ( Government Of NCT Of Delhi) & ANR

2017-03-16Hon'Ble Ms. Justice Mukta Gupta3 pages

16#$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANJAN KUMAR SINGH @ JEETU & ORS ..... Petitioners Represented by:

Mr. Mukesh Kumar Mishra, Advocates with petitioner No.1 in person.

versus THE STATE (GOVERNMENT OF NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with SI Saurabh Kumar, PS Sangam Vihar.

Mr. V.S. Dubey and Mr.

Abhishek Harjika, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.03.2017 By the present petition the petitioners seek quashing of FIR No. 184/2011 under Sections 498A IPC registered at PS Sangam Vihar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR charge sheet was filed keeping the petitioner No.1 in Column No. 11 and the petitioner Nos. 2 to 4 were kept in Column No.12 and have not been summoned by the learned Trial Court. Hence the petitioner No.1 is the

only accused and the respondent No.2 the only complainant/victim in the above noted FIR.

The complainant/Respondent No. 2 Ms. Navita Devi, who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners. 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 paid a sum of ₹4 lakhs to the respondent No.2 and the respondent No.2 now has no claims whatsoever remaining against the petitioners. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner No.1 who is present in Court and is identified by learned counsel affirms the statement of respondent No.2 and states that he will abide by the terms of the 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. 184/2011 under Sections 498A IPC registered at PS Sangam Vihar, 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.

MARCH 16, 2017 'vn'