Amit Kumar & ANR. v. State (NCT Of Delhi) & ORS.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMIT KUMAR & ANR.

..... Petitioner Represented by:

Mr. Satya Prakash Gautam, Advocate.

versus STATE (NCT OF DELHI) & ORS.

..... Respondent Represented by:

Ms. Nandita Rao, ASC for Mr.

Ashish Aggarwal, ASC with SI Ashish Kumar, PS Bhajanpura.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.09.2018 1.

Amended memo of parties has not been filed, however, learned counsel for the petitioner has handed over amended memo of parties which is taken on record.

2.

By this petition, the petitioners seek quashing of FIR No. 626 /2016 under Sections 498A/406/34 IPC registered at PS Bhajan Pura, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 3.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the five petitioners as impleaded by the amended memo of parties are the accused and respondent No. 2 is the only

complainant/victim.

4.

Respondent No.2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners before Mahil Court on 6th February, 2018 and on the same day respondent No. 2 joined the company of petitioners and the parties are residing together in the matrimonial home. She further states that she has now no cause of grievance and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. 5.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and they will ensure that the petitioner No. 1 and respondent No. 2 lead a happy married life and no cause of grievance is given to respondent No. 2 6.

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.

7.

Consequently, FIR No. 626 /2016 under Sections 498A/406/34 IPC registered at PS Bhajan Pura, Delhi and proceedings pursuant thereto are hereby quashed.

8.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

9.

Petition is disposed of.

10.

Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 10, 2018 'yo'