Gagandeep Singh Arora & ORS v. State & ANR

25# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + GAGANDEEP SINGH ARORA & ORS ..... Petitioners Represented by:

Mr. Varun Sharma, Advocate with petitioners in person.

versus STATE & ANR ..... Respondents Represented by:

Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Standing Counsel for State with ASI Prem Ram, PS Hari Nagar.

Mr. I.P. Singh, Advocate for respondent No.2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.03.2018 By the present petition the petitioners seek quashing of FIR No. 1195/2015 under Sections 498A/406/34 IPC registered at PS Hari Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Standing Counsel for the State on instructions from the Investigating Officer submits that in the abovenoted FIR the five 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 the Investigating Officer states that she has settled the

matter with the petitioners before the Delhi Mediation Centre, Tis Hazari Courts on 7th November, 2015. In terms of the settlement the marriage between the petitioner No.1 and the respondent No.2 has been dissolved 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 ₹17 lakhs to respondent No.2 out of which she has already received a sum of ₹14 lakhs and the balance amount of ₹3 lakhs has been received by her today in Court vide Demand Draft No.501246 dated 28th February, 2018 drawn on ICICI Bank, Manesar. She further states that she has 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 also states that she will abide by the terms of settlement. 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 settlement 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. 1195/2015 under Sections 498A/406/34 IPC registered at PS Hari Nagar, Delhi and proceedings pursuant thereto are

hereby quashed against all the accused.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 05, 2018 'vn'