High Court of DelhiCRL.M.C./3040/2016

Devinder Tokas & ORS. v. State & ANR.

2016-09-19Hon'Ble Ms. Justice Mukta Gupta2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3040/2016 DEVINDER TOKAS & ORS.

..... Petitioner Represented by:

Ms. Divya Malhotra, Adv. with petitioners.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with ASI Tahir Hussain, PS Ashok Vihar.

Mr. Sumit Choudhary with Mr.

Mohit Aggarwal, Advs. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.09.2016 By the present petition, the petitioners seek quashing of FIR No.122/2015 under Sections 498A/406/34 IPC registered at PS Ashok Vihar on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter.

Learned APP for the State on instructions from the investigating officer submits that in the above noted FIR the seven petitioners are the only accused and respondent No.2 is only complaint/victim. Respondent Nos. 2 is present in Court and is identified by learned counsel and the investigating officer. She states that she has settled the matter with the petitioners. Divorce by mutual consent has been granted between petitioner No.1 and respondent No.2. In terms of settlement,

respondent No.2 was to receive `16 lakhs in lieu of all her claims towards stridhan, maintenance, permanent alimony etc. out of which she has already received `10 lakhs and balance amount of `6 lakhs she has received in Court by way of bank draft No.227308 dated 30th July, 2016 drawn on ICICI Bank, Vasant Kunj, Delhi. She does not wish to pursuant the above noted 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.122/2015 under Sections 498A/406/34 IPC registered at PS Ashok Vihar, 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.

SEPTEMBER 19, 2016 'v mittal'