Manoj Kumar & ANR v. State (NCT Of Delhi) & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2535/2016 MANOJ KUMAR & ANR ..... Petitioner Through Mr. Rajesh Kaushik, Adv.

versus STATE (NCT OF DELHI) & ANR ..... Respondent Through Mr. Hirein Sharma, APP with SI Punit, PS Bawana.

Mr. Anshu Mahajan, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.07.2016 Crl.M.A. 10889/2016 Exemption allowed, subject to all just exceptions. Crl.M.C. 2535/2016 & Crl.M.A. 10890/2016 By this petition, the petitioners seek quashing of FIR No. 400/2014 under Sections 498A/406/34 IPC registered at PS Bawana on the complaint of respondent No.2 on the ground that parties have settled the matter. Notice.

Notice is accepted by learned APP for the State and learned counsel for Respondent No.2.

Respondent No.2 who is present in Court and is identified by learned counsel and the investigating officer states that matter has been settled between the parties and she has been granted divorce by mutual consent. She states that she has claimed no maintenance and permanent alimony etc.

from the petitioner and she is giving up all these claims and will not claim the same in future. She does not wish to pursue the abovementioned FIR and proceedings pursuant thereto.

Learned counsel for the petitioners states that petitioner Nos. 3 and 4 are not present as they are posted in Hyderabad and could not get the leave. Petitioner Nos. 3 and 4 are exempted from appearing before this Court. 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. 400/2014 under Sections 498A/406/34 IPC registered at PS Bawana, 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 22, 2016 'v mittal'