Anil Chadha & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2509/2016 ANIL CHADHA & ORS.

..... Petitioner Represented by:

Mr. C.M. Grover, Adv. with petitioners.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondent Represented by:

Mr. Hirein Sharma, APP with SI Arvind Kumar, PS Sonia Vihar and SI Sunil Kumar, PS Geeta Colony.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.09.2016 By the present petition, the petitioners seek quashing of FIR No.211/2009 under Sections 498A/406/34 IPC registered at PS Geeta Colony on the complaint of respondent No.2 on the ground that parties have settled the matter.

Learned APP for the State on instructions submits that in the above noted FIR the seven petitioners are only accused and respondent No.2 the only complainant/victim.

Respondent No.2 who is present in Court and identified by the investigating officer submits that she has settled the matter with the petitioners. Divorce by mutual consent has been granted between petitioner No.1 and respondent No.2. In lieu of her all claims towards maintenance,

stridhan, permanent alimony etc., she was required to received 2.50 lakhs out of which she has already received `1.75 lakhs and remaining `75,000/- she has received today by way of bank draft No.118546 dated 28th September, 2016 drawn on Punjab National Bank, Krishna Nagar, Delhi. She states that three children born out of the wedlock namely Ms. Simran aged 10 years, Ms. Lavanya aged about 9 years and Master Bhavya aged about 6 years would remain in her care and custody and petitioners will have neither custody nor visiting rights of the three children. She states that she will abide by the terms of the settlement dated 6th December, 2012 arrived at Mediation Centre, Karkardooma Courts. She does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioners except petitioner No.3 who is exempted from appearing are present in Court and are identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of settlement dated 6th December, 2012.

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.211/2009 under Sections 498A/406/34 IPC registered at PS Geeta Colony, 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.

SEPTEMBER 30, 2016 'v mittal'