Rajneesh & ORS v. State (NCT Of Delhi) And ORS

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJNEESH & ORS ..... Petitioner Represented by:

Mr. M.P. Sharma, Adv.

versus STATE (NCT OF DELHI) AND ORS ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Sandeep Kumar PS Palam Village.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.09.2016 By the present petition the petitioners seek quashing of FIR No. 26/2014 under Sections 498A/406/34 IPC registered at PS Palam Village, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the five petitioners are the only 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 divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In terms of the settlement arrived at before the Mediation Centre Dwarka Courts the respondent No.2 is entitled to receive a sum of `5 lakhs out of which she has already received a sum of `3 lakhs and the balance amount of `2 lakhs has been received by her today in Court by way of demand draft No.'174429' drawn on Central Bank of India. She states that she has no claim whatsoever of any kind remaining against the petitioners including her istridhan, maintenance, alimony etc. She states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they would abide by the terms of the 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. 26/2014 under Sections 498A/406/34 IPC registered at PS Palam Village, 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.

SEPTEMBER 27, 2016 'ga'