Rani @ Murti v. State ( NCT Of Delhi) & ANR

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RANI @ MURTI ..... Petitioner Represented by:

Mr. Saurabh Kansal, Ms.

Pallavi S. Kansal, Advs.

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

Mr. Hirein Sharma, APP with SI Roshan Lal PS Nangloi.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.01.2017 By the present petition the petitioner seeks quashing of FIR No. 1155/2006 under Sections 406/498A/34 IPC registered at PS Nangloi, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned counsel for the petitioner submits that earlier Lal Mani and the other accused had filed a petition being Crl.M.C.3767/2015 wherein all the accused except the present petitioner Rani @ Murti were arrayed. FIR qua Lal Mani and his mother Kanta has already been quashed by this Court vide order dated November 06, 2015. However, since the petitioner Rani @ Murti was not made a petitioner but wrongly added as a respondent No.3, FIR qua her could not be quashed.

Respondent No.2 Kamlesh Saini is present in Court and is identified by the investigating officer. She states that she has settled the matter with Lal Mani and his family members. Divorce by mutual consent has been granted between Lal Mani and her and she has received a total sum of ₹1,25,000/- in lieu of all her claims of maintenance, istridhan, alimony etc. In view of the settlement arrived at between Lal Mani and her she also does not wish to pursue the above-noted FIR against the petitioner who is the sister-in-law of Lal Mani.

Petitioner who is present in Court affirms the statement of respondent No.2.

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. 1155/2006 under Sections 406/498A/34 IPC registered at PS Nangloi, 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.

JANUARY 17, 2017 'ga'