High Court of DelhiCRL.M.C./2507/2016

Gurmeet Singh & ORS. v. State & ANR.

2016-07-20Hon'Ble Ms. Justice Mukta Gupta2 pages

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2507/2016 GURMEET SINGH & ORS.

..... Petitioner Through Mr.Ravinder Singh, Adv. with petitioners.

versus STATE & ANR.

..... Respondent Through Mr. Neelam Sharma, APP with W/ASI Vidhya, PS Hari Nagar.

Mr. Digvijay Singh, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.07.2016 Crl.M.A. 10781/2016 Exemption allowed, subject to all just exceptions. Crl.M.C. 2507/2016 By the present petition, the petitioners seek quashing of FIR No. 456/2014 under Sections 498A/406/34 IPC registered at PS Hari Nagar on the complaint of Respondent No.2 on the basis of compromise. Learned APP for the State on instructions from Investigating Officer points out that Tejinder Singh, Petitioner Nof.3 impleaded in thepresent petition is not an accused in the abovementioned FIR. At the request of learned counsel for the petitioner, name of Tejinder Singh is deleted from the array of parties.

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 petitioner. In terms of the settlement, divorce by way of mutual consent has been granted to Petitioner No.1 and Respondent No.2. Respondent No.2 has received a sum of Rs.1.5 lakhs in full and final settlement of all her claims towards maintenance, permanent alimony, stridhan etc. The child Navneet Kaur would remain in the permanent custody of respondent No.2. She states that she does not wish to pursue the abovementioned FIR and proceedings pursuant thereto. The parties state that they will abide by the terms of 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. 546/2014 under Sections 498A/406/34 IPC registered at PS Hari Nagar, 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 20, 2016 'v mittal'