Lalit Kumar & ORS v. State & ORS

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LALIT KUMAR & ORS ..... Petitioner Represented by:

Mr. Jatin Kumar, proxy Adv.

versus STATE & ORS ..... Respondent Represented by:

Mr. Bhuvneshwar Tyagi, proxy Adv. for State with ASI Mahabir Singh PS Moti Nagar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 31.03.2017 Crl.M.A. 5580/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 223/2014 under Sections 498A/406/34 IPC registered at PS Moti 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 the learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner No.3 Smt. Shanti, mother of petitioner No.1 has since passed away and thus petitioners No.1, 2, 4 and 5 are the only surviving accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners and is living with them for the last six months in the matrimonial home. She has no grievance now and does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. Petitioners No.1, 2, 4 & 5 who are present in Court and are identified by the investigating officer affirm the statement of respondent No.2 and state that they have settled the matter and assure that no cause of grievance will be given to the respondent No.2 and petitioners No.1, 2, 4 & 5 will ensure that 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. 223/2014 under Sections 498A/406/34 IPC registered at PS Moti Nagar, 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.

MARCH 31, 2017 'ga'