Dushyant Singh Badalia & ORS v. State & ANR

41# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + DUSHYANT SINGH BADALIA & ORS ..... Petitioners Represented by:

Mr. A.C. David, Advocate with petitioners in person.

versus STATE & ANR ..... Respondents Represented by:

Mr. Ravi Nayak, APP for the State with ASI Vinod Kumar, PS Burari.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.08.2016 Crl.M.A. No.11757/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 48/2013 under Sections 498A/406/34 IPC registered at PS Burari, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Issue notice.

Learned APP accepts notice on behalf of the State. Learned APP for the State on instructions from the Investigating Officer submits that besides the petitioners mentioned in the memo of

parties, there is no other accused and besides the respondent No.2 there is no other complainant/victim in the present FIR.

The complainant/Respondent No. 2 Ms.Nirmala Kaushal is present in Court and is identified by the Investigating Officer. She states that the disputes between the Petitioner No. 1 and her have been amicably resolved and she is living happily with her husband since 11th April, 2016 in her matrimonial home and she has no cause of grievance against anybody. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners are present in Court and are identified by their counsel state that they will abide by the terms of the 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. 48/2013 under Sections 498A/406/34 IPC registered at PS Burari, 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 02, 2016/'vn'