Kamal Kant Varsghney & ORS v. The State Of NCT Of Delhi & ORS

43#$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + KAMAL KANT VARSGHNEY & ORS ..... Petitioners Represented by:

Mr. Shree Nivas Sharma and Mr. Santosh Kumar, Advocates with petitioners in person.

versus THE STATE OF NCT OF DELHI & ORS ..... Respondents Represented by:

Mr.Neelam Sharma, APP for the State with SI Shri Gopal, PS Shakar Pur.

Mr. G.D. Sharma, Advocate for respondent No.2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.07.2016 Crl. M.A. No. 10568/2016 (Exemption) Allowed, subject to all just exceptions.

By this petition the petitioners seek quashing of FIR No. 750/2012 under Sections 498A/406/34 IPC registered at PS Shakarpur, 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 Vashney is present in Court and is identified by the learned 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 paid a sum of `6.75 lakhs . Respondent No. 2 accepts receipt of payment of `6.75 lakhs, in lieu of settlement of all her claims towards the petitioners and she will make no claim for her maintenance and her daughter‟s maintenance. The daughter Bhakti will be in custody of respondent No. 2 and the petitioner No.1 will claim no visiting rights of his daughter. 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 state 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. 750/2012 under Sections 498A/406/34 IPC registered at PS Shakarpur, 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 'vn'