Vinay Nagia & ORS. v. State & ORS.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2639/2016 VINAY NAGIA & ORS.

..... Petitioner Represented by Mr. Rajesh Pandey with Mr.

Harish, Advs. with petitioners.

versus STATE & ORS.

..... Respondent Represented by Mr. Kewal Singh Ahuja, APP with W/ASI Neeraj, PS Dabri.

Mr. Manoj Kumar, Adv. for R2 & 3 with R-2 and 3.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.07.2016 By this petition, the petitioners seek quashing of FIR No.147/2014 under Sections 498A/406/323/341/341/506/34 IPC registered at PS Dabri on the complaint of respondent No.2 who is the father of respondent No.3 the former wife of petitioner No.1.

Learned APP for the State on instructions from the investigating officer states that besides the petitioners, there is no other accused and respondent no.2 is the complaint in the FIR in question and respondent No.3 is the victim.

Respondent Nos. 2 and 3 are present in Court and are identified by their counsel. They state that they have settled the matter with the petitioners and in terms of settlement, divorce by mutual consent has already been granted to petitioner No.1 and respondent No.3; petitioners have

agreed to pay a sum of `8.5 lakhs to respondent No.3 in lieu of all her claims, permanent alimony, maintenance, stridhan etc. of which she has already received `5.5 lakhs and balance `3 lakhs has been received by her today in Court by way of bank draft No.874823 dated 11th July, 2016 drawn on Punjab & Sindh Bank, Babarpur, Delhi. They further state that they do not wish 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.147/2014 under Sections 498A/406/323/341/ 341/506/34 IPC registered at PS Dabri 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 27, 2016 'vkm'