Satbeer @ Satveer & ORS. v. State (NCT Of Delhi) & ANR.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4365/2016 SATBEER @ SATVEER & ORS.

..... Petitioner Represented by:

Mr. Baldeo Sharma, Adv.

versus STATE (NCT OF DELHI) & ANR.

..... Respondent Represented by:

Mr. Amit Ahlawat, APP with Insp. Uma Datt, PS Mangolpuri.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.02.2017 By this petition, the petitioners seek quashing of FIR No.211/2013 under Sections 406/498A/34 IPC registered at PS Mangolpuri on the complaint of respondent No.2 and the proceedings pursuant thereto as the parties have settled the matter.

Learned APP for the State on instructions submits that in the above noted FIR, ten petitioners are the only accused and respondent No.2 the only complainant/victim.

Respondent No.2 is present in Court and identified by the investigating officer. She states that she has settled the matter before the learned Metropolitan Magistrate on 28th October, 2013 copy of statements have been placed on record at pages 41 and 42 of the paper book. Pursuant to the settlement, divorce by mutual consent has been granted between

petitioner No.1 and respondent No.2. In lieu of all her claims towards maintenance/istridhan/permanent alimony etc. the respondent No.2 is entitled to receive ₹50,000/- out of which she has already received ₹40,000/- and balance amount of ₹10,000/- has been received by her today in Court in cash. She states that she has now no claims whatsoever against the petitioners and does not wish to pursue the above noted FIR and the proceedings pursuant thereto. Petitioner Nos. 1, 4, 5 and 9 who are present in Court and identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of settlement. Respondent Nos. 2, 3 and 10 are residents of Agra, UP and thus they are exempted from appearing before this Court. Petitioner Nos. 6 to 8 are also stated to be out of station, thus they are also exempted from appearing before this Court.

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.211/2013 under Sections 406/498A/34 IPC registered at PS Mangolpuri, 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.

FEBRUARY 21, 2017 'v mittal'