Sanjay Verma & ORS v. State Of NCT Of Delhi & ANR

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2439/2016 & Crl.M.A. 10454/2016 (stay) SANJAY VERMA & ORS ..... Petitioner Represented by:

Mr. R.K. Padhi, Adv. with petitioners.

versus STATE OF NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Hirein Sharma, APP with SI Sushila, PS Vikas Puri.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.02.2017 By the present petition, the petitioners seek quashing of FIR No.620/2015 under Sections 498A/406/34 IPC registered at PS Vikaspuri 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, the four petitioners are the only accused and Respondent No.2 is the only complainant/victim.

Respondent No.2 who is present in Court and identified by the investigating officer submits that she has settled the matter with the petitioners before the Delhi High Court Mediation and Conciliation Centre on 18th March, 2016 whereafter divorce by mutual consent has been granted between petitioner No.1 and respondent N.2. In lieu of all her claims towards maintenance/istridhan/permanent alimony etc., respondent No.2 is entitled to receive ₹5 lakhs out of which she has already received ₹3.5 lakhs

and balance amount of ₹1.5 lakhs has been received by her today in Court by way of demand draft No.039867 dated 18th February, 2017 drawn on Axis Bank, Vikaspuri. She further states that as pe the settlement, the two daughters namely Khushboo and Mannat will remain in the care and custody of respondent No.2 and petitioner will not have the custody of the children. She further states that visitation rights are also as per the terms of settlement. She undertakes to abide by the terms of settlement between the parties and does not wish to pursue the above noted FIR and proceedings pursuant thereto. The petitioners who are present in Court and identified by learned counsel affirm the statement of respondent N.2 and state that they will abide by the terms of 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.620/2015 under Sections 498A/406/34 IPC registered at PS Vikaspuri, 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 20, 2017/'v mittal'