Dharmvir & ANR. v. State & ANR.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DHARMVIR & ANR.

..... Petitioner Represented by:

Mr. Rajat Sang, Adv.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with SI Vinay Kumar PS Dwarka North.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.11.2016 By the present petition the petitioners seek quashing of FIR No. 119/2013 under Sections 341/324/506/34 IPC registered at PS Dwarka North, 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 from Investigating Officer submits that the settlement was arrived at between the parties before the Mediation Centre, Dwarka Courts and seek quashing of FIR under Section 324 IPC as the same is non-compoundable offence. Copy of the order dated 21st April, 2015 passed by the learned Metropolitan Magistrae compounding offences punishable under Sections 341/506/34 IPC is on record. Learned APP further submits that in the above-noted FIR the two petitioners are the only accused and repsondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that petitioner No.1 is her husband and the petitioner No.2 employee of her husband/ petitioner No.1. She states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Dwarka Courts on 26th March, 2014 and does not wish to pursue the above-noted FIR as she is happily residing with her husband in the matrimonial home.

Petitioners who are present in Court affirm the statement of respnodent No.2 and state that they will abide by the terms of settlement arrived at before the Delhi Mediation Centre, Dwarka Courts on 26th March, 2014.

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. 119/2013 under Sections 341/324/506/34 IPC registered at PS Dwarka North, 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.

NOVEMBER 25, 2016 'ga'