Dinesh & ORS v. State NCT Of Delhi

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1047/2017 DINESH & ORS ... Petitioners Represented by:

Mr.Dinesh Kumar Tiwari with Ms.Rajmala Dohar, Advocates versus STATE NCT OF DELHI .... Respondent Represented by:

Mr.Sanjay Lao, ASC with Mr.Siddharth Sindhu, Advocate SI Prem Raj, PS Vijay Vihar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.12.2017 Crl.M.A.No.5938/2017 Allowed subject to all just exceptions.

W.P.(CRL) 1047/2017 By this petition the petitioner seeks quashing of FIR No.394/2013 under Section 498A/406/34 IPC registered at PS Vijay Vihar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned ASC on instructions from Investigating Officer submits that in the above-noted FIR, six petitioners are the accused and respondent No.2 is the only complainant.

Respondent No.2 is present in Court and is identified by the W.P.(CRL) 1047/2017

Investigating Officer. She states that she has settled the matter with the Petitioners before the Delhi Mediation Centre on 9th July, 2016 and had been living with the petitioner No.1 prior to the said settlement along with her minor child in a separate accommodation and she has now no grievance towards any of the petitioners. She states that she will abide by the terms of the settlement dated 9th July, 2016, a copy whereof is annexed as Annexure-2 to the present petition and she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners, except petitioner No.2 and petitioner No.6, who were not granted leave from their respective places of work, are present in Court and are identified by the investigating officer. They affirm the statement of respondent No.2 and 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.394/2013 under Section 498A/406/34 IPC registered at PS Vijay Vihar and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of. Order dasti.

DECEMBER 07, 2017 MUKTA GUPTA, J.

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W.P.(CRL) 1047/2017