Mahender Singh & ORS v. The State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1994/2016 MAHENDER SINGH & ORS ..... Petitioner Represented by:

Mr. Naresh Kumar and Mr.

Naveen Nischal, Advs. with petitioners.

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

Mr. Ravi Nayak, APP with SI Yogendra Kumar, PS Kapashera.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.09.2016 By the present petition, the petitioners seek quashing of FIR No.198/2013 under Sections 498A/406/34 IPC registered at PS Kapashera 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 five petitioners are only accused and respondent No.2 the only complainant/victim.

Respondent No.2 who is present in Court and is identified by the investigating officer submits that she has settled the matter with the petitioners. Divorce by mutual consent has been granted between petitioner No.1 and respondent No.2.

In lieu of all her claims towards stridhan,

maintenance and permanent alimony, respondent No.2 was to receive `2.20 lakhs which she has already received and there is no claim whatsoever remaining against the petitioners.

She submits that she does not wish to pursue the above noted FIR and proceedings pursuant thereto. The petitioners who are present in Court and identified by their counsel affirm the statement of respondent No.2 and state that they will abide by the terms of 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.198/2013 under Sections 498A/406/34 IPC registered at PS Kapashera, 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 29, 2016 'v mittal'