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High Court of DelhiCRL.M.C./2412/2016

Pankaj Arora & ORS v. The State (N.C.T Of Delhi) & ANR

2016-07-13Hon'Ble Ms. Justice Mukta Gupta2 pages

41#$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2412/2016 PANKAJ ARORA & ORS ..... Petitioners Represented by:

Mr. P.K. Srivastava, Advocate with petitioners in person.

versus THE STATE (N.C.T OF DELHI) & ANR ..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with SI Tilak Singh, PS Nihal Vihar.

Mr. Rakesh Walia, Advocate for respondent No.2 with respondent no. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.07.2016 By this petition the petitioners seek quashing of FIR No. 198/2014 under Sections 498A/406/34 IPC registered at PS Nihal Vihar, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter. The complainant/Respondent No. 2 Ms. Neha Wahi is present in Court and is identified by her counsel and the Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have entered into a Compromise. 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 agreed to pay a sum of `3.20 lakhs out of which `2 lakhs CRL.M.C. 2412/2016

have already been paid to her and remaining amount of `1.20 lakhs have been paid today. Respondent No. 2 accepts receipt of payment of `3.20 lakhs in lieu of settlement of all her claims towards the petitioners. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are also present in court and are identified by their counsel states that they will abide by the terms of the settlement. 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. 198/2014 under Sections 498A/406/34 IPC registered at PS Nihal Vihar, 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 13, 2016/'vn'

CRL.M.C. 2412/2016