Tarun Chadha & ANR v. The State & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TARUN CHADHA & ANR ..... Petitioner Represented by:

Mr. Shailender Dahiya, Adv.

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

Mr. Ashok Kumar Garg, APP with SI Sumedha PS Jahangir Puri.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 03.11.2016 By the present petition the petitioners seek quashing of FIR No. 132/2009 under Sections 498A/406/34 IPC registered at PS CWC/Nanakpura, Delhi on the complaint of Respondent No.2 on the ground that parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent No.2 the only 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 before the Delhi Mediation Centre, Tis Hazari Courts. In terms of the settlement divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan, alimony etc. the respondent No.2 is to receive a total sum of ₹8 lakhs out of which she has already received ₹6 lakhs and the balance amount of ₹2 lakhs have been received by her today in court by way of pay order No.'305108' drawn on United Bank of India. She further states that now she has no claim whatsoever against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.

2 and state that they will abide by the terms of the settlement arrived at between the parties on 24th January, 2015 before the Mediation Centre, 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. 132/2009 under Sections 498A/406/34 IPC registered at PS CWC/Nanakpura, 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.

NOVEMBER 03, 2016 'ga'