Vishal Goyal & ANR. v. State (Govt. Of NCT Of Delhi) & ANR.

34# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + VISHAL GOYAL & ANR.

..... Petitioners Represented by:

Mr. Samrehdra K. Das, Advocate with petitioners in person.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Represented by:

Mr. Ravi Nayak, APP for the State with ASI Virender Kumar, PS Mundka.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.04.2017 Crl. M.A. No. 6189/2017 (Exemption) Allowed, subject to all just exceptions.

Crl. M.A. No. 6190/2017 (Exemption from personal appearance) Since petitioner Nos. 3 and 4 are present in Court, application seeking exemption from appearance is dismissed.

By the present petition the petitioners seek quashing of FIR No. 140/2013 under Sections 498A/406/34 IPC registered at PS Mundka, 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 four petitioners are the only accused and the respondent No.2 the complainant/victim.

The complainant/Respondent No. 2, who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners and from 16th August, 2014 she and the petitioner No.1 are staying together at a separate accommodation and she has now no cause of grievance. She also states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement and to the best of their ability will ensure that the petitioner No.1 and respondent No.2 lead a happy married life.

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. 140/2013 under Sections 498A/406/34 IPC registered at PS Mundka, 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.

APRIL 18, 2017 'vn'