Mukesh Dixit & ORS. v. State (NCT Of Delhi) & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2598/2016 MUKESH DIXIT & ORS.

..... Petitioner Through Mohd. Mustafa, Mr. Anil Vyas, Advs.

versus STATE (NCT OF DELHI) & ORS.

..... Respondent Through Mr. Ashok Kumar Garg, APP with Insp. Rita PS Sarojini Nagar.

Mr. Vikram Singh, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.07.2016 Crl.M.A. 11124/2016 Exemption allowed subject to just exceptions. CRL.M.C. 2598/2016 This is a petition for quashing of FIR No. 79/2015 under Sections 354D/506/34 IPC registered at PS Sarojini Nagar, New Delhi on the complaint of Respondent No.2.

Learned APP for the State on instructions from the investigating officer submits that in the above-noted FIR the petitioners are the only accused and respondent No.2 the only complainant/victim. The complainant/Respondent No. 2 is present in person and is identified by her counsel and the Investigating Officer. She states that she has settled the matter with the petitioners, divorce by mutual consent has CRL.M.C. 2598/2016

already been granted between petitioner No.1 and respondent No.2. In terms of the settlement the respondent No.2 has already received a sum of ` 9 lakhs and the balance amount of `2,75,000/- has been paid to her today in Court by way of banker's cheque No. 253762 dated 14th July, 2016 drawn on Bank of Baroda. She states that she has no more claim left against the petitioner qua her istridhan, alimony, maintenance etc. 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. 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. 79/2015 under Sections 354D/506/34 IPC registered at PS Sarojini Nagar, New 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 25, 2016 'ga'

CRL.M.C. 2598/2016