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High Court of DelhiCRL.M.C./1528/2017

Deepak Anand & ORS v. State & ANR

2017-04-18Hon'Ble Ms. Justice Mukta Gupta3 pages

38# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPAK ANAND & ORS ..... Petitioners Represented by:

Mr. Chirag Khurana, Advocate with petitioners in person.

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

Ms.Rajni Gupta, APP for the State with SI Jai Singh, PS Tilak Nagar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.04.2017 Crl. M.A. No. 6221/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 1397/2014 under Sections 498A/406/34 IPC registered at PS Tilak Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR the five petitioners are the only accused and the respondent No.2 the complainant/victim.

The complainant/Respondent No. 2, who is present in Court and is identified by the Investigating Officer states that she has settled the matter

with the petitioners as per the settlement deed dated 19th February, 2017 copy whereof is annexed at Pages-15-16 of the paper-book. She further states that the two parties were earlier negotiating a settlement and since September, 2016 the respondent No.2 is residing with the petitioner No.1 at the matrimonial home and she has now no cause of grievance. She also states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who 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 the settlement dated 19th February, 2017 and to the best of their ability will ensure that the petitioner No.1 and respondent No.2 lead a happy married life.

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. 1397/2014 under Sections 498A/406/34 IPC registered at PS Tilak 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.

APRIL 18, 2017 'vn'