Bharat Bhushan & ORS v. The State & ANR
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BHARAT BHUSHAN & ORS ... Petitioners Represented by:
Mr.Kanwar Kochhar, Advocate versus THE STATE & ANR ... Respondents Represented by:
Mr.Avi Singh, ASC for the State with SI Karamvir, PS Narela
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 19.07.2018 Crl.M.A.28027/2018 (exemption) Allowed, subject to all just exceptions.
Notice. Learned Additional Standing Counsel for the State accepts notice.
By the present petition the petitioners seek quashing of FIR No.843/2017 under Sections 498A/406/34 IPC registered at PS Narela, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the six 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 vide settlement deed dated 18th November, 2017, copy whereof is annexed as Annexure-B to the present petition. 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. In full and final settlement of all her claims i.e. maintenance, streedhan and alimony etc. respondent No. 2 is entitled to receive a sum of ₹10,00,000/- out of which she has already received ₹5,00,000/- and the balance amount of ₹5,00,000/- has been received by her today in Court by cash.
She states that from the wedlock, a baby girl named Oviya was born who would remain in the care and custody of petitioner No.1 and she would neither have the visiting rights nor the custody. She further states that she has no claim whatsoever remaining against the petitioners and in terms of the settlement she does not want to pursue the abovementioned 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 undertake to abide by the terms of settlement dated 18th November, 2017 arrived at between the parties.
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.843/2017 under Sections 498A/406/34 IPC registered at PS Narela, Delhi and proceedings pursuant thereto are hereby quashed.
Petition is disposed of. Order Dasti.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
MUKTA GUPTA, J.
JULY 19, 2018 'rk'