Shri Gaurav Kumar & ORS. v. State (NCT Of Delhi) & ANR.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHRI GAURAV KUMAR & ORS.

..... Petitioner Represented by:

Mr. Amarjeet Kumar, Advocate.

versus STATE (NCT OF DELHI) & ANR.

..... Respondent Represented by:

Mr. Sanjay Lao, ASC for Mr.

Rahul Mehra, Standing Counsel with ASI Anil Sharma, PS Hari Nagar.

Mr. Bhanvi Saxena, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.07.2018 Crl.M.A. No. 12414/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 59/2017 under Sections 498A/406/34 IPC registered at PS Hari Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the four petitioners are the only accused and the respondent No.2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioners before the Family Courts (West), Tis Hazari Courts on 27th March, 2018 copy whereof is at pages 45 to 48 of the paper book. 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 to pay a sum of ₹13 lakhs to respondent No.2 out of which she has already received a sum of ₹10 lakhs and the balance amount of ₹3 lakhs has been received by her today in Court vide Demand Draft Nos.

009705, 626715 and 508376 drawn on HDFC Bank, Oriental Bank of Commerce and ICICI Bank respectively dated 10th July, 2018. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She further undertakes to abide by the terms of settlement arrived at between the parties. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties as incorporating in the statement recorded for grant of divorce by mutual consent.

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. 59/2017 under Sections 498A/406/34 IPC registered at PS Hari Nagar, Delhi and proceedings pursuant thereto are hereby quashed against all the petitioners.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JULY 12, 2018 'yo'