Pawan Kuldeep & ORS v. The State & ANR (NCT Of Delhi)

4# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + PAWAN KULDEEP & ORS ..... Petitioners Represented by:

Mr. Yash Pal Saini, Advocate with petitioner Nos. 1, 2, 3 and 5 in person.

versus THE STATE & ANR (NCT OF DELHI) ..... Respondents Represented by:

Ms. Rajni Gupta, APP for the State with SI Mohinder Kumar, PS Sultan Puri.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.10.2016 By the present petition the petitioners seek quashing of FIR No. 238/2015 under Sections 498A/406/506/34 IPC registered at PS Sultanpuri, 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 five petitioners are the only accused and the respondent No.2 is the only complainant/victim in the abovementioned FIR. The complainant/Respondent No. 2 Ms. Pooja who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Rohini

District Courts. In terms of the settlement marriage between the Petitioner No.1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has paid a sum of `4 lakhs and she has no claim whatsoever remaining against the petitioners now. She states that in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner Nos. 1, 2, 3 and 5 who is present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the Settlement dated 29th May, 2015 arrived at between before the Delhi Mediation Centre, Rohini District Courts. The petitioner No. 4 who has delivered a child, is exempted from appearing before the 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. 238/2015 under Sections 498A/406/506/34 IPC registered at PS Sultanpuri, 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.

OCTOBER 26, 2016/'vn'