Jitender Yadav v. The State ( NCT Of Delhi) & ANR

20# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2277/2016 JITENDER YADAV ..... Petitioner Represented by:

Mr. Nitin Yadav, Advocate with petitioner in person.

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

Mr. Amit Ahlawat, APP for the State with SI Ajmer Singh, PS CAW Cell, Nanak Pura.

Respondent No. in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.10.2016 By the present petition the petitioner seeks quashing of FIR No. 88/2011 under Sections 498A/342/34 IPC registered at PS CAW Cell, Nanakpura, 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 the petition is the only accused and the respondent No.2 is the only complainant/victim in the abovementioned FIR. The complainant/Respondent No. 2 Ms. Heena Yadav who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioner and in terms of the settlement marriage between the Petitioner and Respondent No. 2/complainant has been CRL.M.C. 2277/2016

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 has paid a sum of `5 lakhs and she has no claim whatsoever remaining against the petitioner now. She states that in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the 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. 88/2011 under Sections 498A/342/34 IPC registered at PS CAW Cell, Nanakpura, 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.

OCTOBER 24, 2016/'vn'

CRL.M.C. 2277/2016