Bheem Singh & ORS. v. State & ANR.

17# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BHEEM SINGH & ORS.

..... Petitioners Represented by:

Mr. Jaskirat Singh and Ms.

Harshita Singh, Advocates with petitioners in person.

versus STATE & ANR.

..... Respondents Represented by:

Ms. Rajni Gupta, APP for the State with SI Rajiv Kumar, PS Jaitpur.

Complainant/respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.08.2016 By the present petition the petitioners seek quashing of FIR No. 876/2014 under Sections 498A/406/34 IPC registered at PS Jaitpur, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from the Investigating Officer submits that besides the eight petitioners mentioned in the memo of parties, there is no other accused and besides the respondent No.2 there is no other complainant/victim in the present FIR.

The complainant/Respondent No. 2 Ms.Kavita is present in Court and is identified by the Investigating Officer. She states that the Petitioners and

Respondent No.2/Complainant have entered into a Compromise. In terms of the settlement marriage between the Petitioner No. 1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No. 1 has to pay a sum of `4.50 lakhs out of which she has already received a sum of `3.50 lakhs and the balance amount of `1 lakh has been received by her today in Court by way of Demand Draft No.217737 dated 16th August, 2016 drawn on Andhra Bank, Noida Sector-48. Respondent No. 2 accepts receipt of payment of `4.50 lakhs, in lieu of settlement of all her claims towards the petitioners and she will make no claim for her maintenance.

She further states that the child Tanvi born out of the wedlock between petitioner No.1 and respondent No.2 will live in the care and custody of the respondent No.2. 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.

Petitioners, who are present in Court and are identified by their counsel 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. 876/2014 under Sections 498A/406/34 IPC registered at PS Jaitpur, 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.

AUGUST 19, 2016 'vn'