Kamal Kant & ORS v. State NCT Of Delhi & ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2671/2016 KAMAL KANT & ORS ..... Petitioner Represented by:

Mr. Nupur Sharma with Mr.

Vivek Kadyan, Advs.

versus STATE NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Hirein Sharma, APP with W/SI Suman, PS B.H.D.N.

Mr. Sunil Sehrawat, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.07.2016 Crl. M.A. 11402/2016 Exemption allowed, subject to all just exceptions. Crl.M.C. 2671/2016 By this petition, the petitioners seek quashing of FIR No. 710/2014 under Sections 498A/406/34 IPC registered at PS Baba Haridas Nagar on the complaint of respondent No.2.

Notice.

Learned APP for the State accepts notice and states on instructions from the investigating officer that in the abovementioned FIR the petitioners are the only accused and respondent No.2 is the only complainant/victim. Respondent No.2 is present in Court and is identified by her counsel and the investigating officer. She states that she has settled the matter with the petitioners and in terms of the settlement, the petitioners agreed to pay a

sum of `5.5 lakhs out of which she has already received a sum of `4 lakhs and the balance of `1.5 lakhs has been received today in Court by way of bank draft No.765364 dated 18th July, 2016 drawn on Syndicate Bank, Bawana, Delhi. She further states that she has no claim whatsoever against the petitioners towards maintenance, permanent alimony, stridhan etc. and divorce by mutual consent has already been granted between petitioner No.1 and respondent No.2. She does not wish to pursue the abovementioned FIR and 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. 710/2014 under Sections 498A/406/34 IPC registered at PS Baba Haridas 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.

JULY 29, 2016 v mittal