Sandeep Kumar & ANR v. State & ANR

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2483/2016 SANDEEP KUMAR & ANR ..... Petitioner Represented by:

Mr. Ashish Kapur, Adv.

versus STATE & ANR ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Prabhu, PS Prasad Nagar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.07.2016 Crl.M.A. 10668/2016 Exemption allowed subject to just exceptions. CRL.M.C. 2483/2016 By the present petition, the Petitioners seek quashing of FIR No. 360/2007 under Sections 498A/406/34 IPC registered at PS Prasad Nagar, Delhi on the complaint of Respondent No.2 Ms. Neeru. Learned counsel for the State on instructions from Investigating Officer states that besides the Petitioners there is no other accused involved in the FIR and besides Respondent No. 2 there is no other 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 of her own free will, volition and without any coercion. In terms CRL.M.C. 2483/2016

of the settlement arrived at between the parties she has already received a sum of `15 lakhs as istridhan, alimony and maintenance for herself and the minor child Rohnit who will remain in her custody. However, the petitioner No.1 would have the visiting rights of the child i.e. he would be entitled to meet the child once in a month at the place fixed at the convenience of the parties.

The petitioners who are present in Court and are identified by the learned counsel state that they would abide by the terms of the settlement arrived at before the learned mediator at Tis Hazari Courts. 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. 360/2007 under Sections 498A/406/34 IPC registered at PS Prasad Nagar, 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.

JULY 18, 2016 'ga'

CRL.M.C. 2483/2016