Sanjay Sirohi & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SANJAY SIROHI & ORS ..... Petitioner Represented by:

Mr. Robin Singh Sirohi, Mr.

R.P.S. Sirohi, Advs.

versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Amit Kumar PS Anand Vihar.

Mr. Manoj Kumar, Mr.

Amitesh Gaurav, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.08.2016 Crl.M.As.11657-11658/2016 Exemptions allowed subject to just exceptions. By the present petition, the Petitioners seek quashing of FIR No. 403/2004 under Sections 498A/406/325/34 IPC registered at PS Anand Vihar, Delhi on the complaint of Respondent No.2. Notice. Learned APP for the State accepts notice. Learned APP for the State on instructions from Investigating Officer states that besides the four Petitioners herein there is no other accused involved in the FIR and besides Respondent No. 2 there is no other 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 she has already been granted divorce wherein the petitioner No.1 was proceeded ex-parte. In the two civil suits filed by the respondent No.2 i.e. Suit No. 163/2009 and 164/2009 titled as 'Dr. Ritu Ratan Vs. Smt. Sukhbans Kumari & Ors.' and 'Dr. Ritu Ratan Vs. Giriraj Singh Sirohi' respectively the parties have entered into a settlement and the amount of settlement is lying deposited pursuant to the order of the referral Court. She states that she does not want to pursue the abovementioned 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. 403/2004 under Sections 498A/406/325/34 IPC registered at PS Anand Vihar, Delhi and proceedings pursuant thereto are hereby quashed.

As agreed between the parties, the amount deposited in the Post Office pursuant to the orders of referral Court be released to the respondent No.2 on production of a certified copy of the present order. Parties have signed this order sheet in acknowledgment of their statements made before this Court. Petitioners No.1 and 2 are present in

Court. Petitioner No.4 is represented through petitioner No.2 in the capacity of power of attorney as she is living at Canada. Petitioner No.3 is not present being aged and unwell so as to come to the Court. Thus, petitioner No.3 and 4 are exempted from appearing before the Court. The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 01, 2016 'ga'