Ankit Singh Anurag & ORS v. The State ( Govt Of NCT Of Delhi) & ANR
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANKIT SINGH ANURAG & ORS ..... Petitioner Represented by:
Mr. Vivek Aggarwal, Advocate.
versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Represented by:
Mr. Jamal Akhtar, Advocate for Ms. Richa Kapoor, ASC with SI Manju Yadav, PS Janakpuri.
Mr. M. Qayam-Ud- Din, Advocate for R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 20.07.2018 Crl.M.A. No. 28079/2018 (Exemption) Allowed, subject to all just exceptions.
By the present petition the petitioners seek quashing of FIR No.176/2017 under Sections 498A/406/34 IPC registered at PS Janakpuri, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for 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 Delhi Mediation Centre, Tis Hazari Courts on 7th December, 2017 which settlement was further modified on 18th January, 2018, copy whereof is annexed as Annexure-P2 to the paper book. In terms of the settlement parties have proceeded for seeking divorce by mutual consent and statement for first motion for divorce by mutual consent has been recorded between petitioner No.1 and respondent No. 2. She further states that 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 ₹30 lakhs to respondent No.
2 out of which she has already received a sum of ₹10 lakhs and the amount of ₹10 lakhs has been received by her today in Court vide Demand Draft No. 867983 drawn on Indian Bank dated 7th March, 2018 which was revalidated on 14th June, 2018. She further states the balance amount of ₹10 lakhs will be handed over to her at the time of recording of statements for second motion for divorce by mutual consent. She further states that in terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement 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.
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. 176/2017 under Sections 498A/406/34 IPC registered at PS Janakpuri, Delhi and proceedings pursuant thereto are hereby quashed.
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 20, 2018 'yo'