Yadvender Singh & ORS. v. State ANR.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + YADVENDER SINGH & ORS.

..... Petitioner Represented by:

Mr. Pravesh Dabas, Adv.

versus STATE ANR.

..... Respondent Represented by:

Mr. Ravi Nayak, APP with SI Narinder Kaur PS CWC Nanakpura.

Mr. S.K. Nanda, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.08.2016 Crl.M.A. 12795/2016 Exemption allowed subject to just exceptions. By the present petition, the Petitioners seek quashing of FIR No. 1/2015 under Sections 406/498-A/34 IPC registered at PS CAW Nanakpura, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that no charge-sheet has been filed and besides the Petitioners there is no other accused involved in the FIR and besides Respondent No. 2 there

is no other complainant/victim.

Respondent No. 2 is present in Court and is identified by her counsel and the Investigating Officer. She states that she has settled the matter with the petitioners and divorce by mutual consent has been granted between the parties and in terms of the settlement she was to receive a sum of ` 10 lakhs in full and final settlement of all her claims of istridhan, alimony and maintenance etc. of which she has already received a sum of `6 lakhs and the balance amount of `4 lakhs has been received by her today in Court by way of two drafts (i) No.‟741837‟ drawn on Syndicate Bank for `1,50,000/- and (ii) No.‟014240‟ drawn on HDFC Bank for `2,50,000/- She further states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

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. 1/2015 under Sections 406/498-A/34 IPC registered at PS CAW 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.

AUGUST 19, 2016 'ga'