Suresh Rawat & ORS v. The State (NCT Of Delhi) & ANR

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SURESH RAWAT & ORS ..... Petitioners Represented by:

Mr. Vikas Singh, Advocate.

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

Ms. Nandita Rao, ASC with Insp. Asha, PS CWC Nanak Pura.

Mr. Rohit Sharma, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 04.09.2018 Crl.M.A. No. 31278/2018 For the reasons stated in the application delay of 47 days in refiling the petition is condoned.

Application is disposed of.

By the present petition the petitioners seek quashing of FIR No. 55/2016 under Sections 498A/406/34 IPC registered at PS CWC Nanak Pura, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the four petitioners are the only accused

and the respondent No.2 is the only complainant/ victim. Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioners vide the settlement agreement dated 30th November, 2017 copy whereof is annexed as Annexure-P2 of the paper book. 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 to pay a sum of ₹7,25,000/- to respondent No.2 out of which she has already received a sum of ₹4,00,000/- and the balance amount of ₹3,25,000/- has been received by her today in Court vide Demand Draft No.

535876 drawn on Canara Bank dated 31st July, 2018. She further states that she has now no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She further undertakes to abide by the terms of settlement arrived at between the parties. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 55/2016 under Sections 498A/406/34 IPC registered at PS CWC Nanak Pura, Delhi and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 04, 2018 'yo'