Dixitt Aroraa & ORS v. State Of Delhi & ANR

18# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + DIXITT ARORAA & ORS ..... Petitioners Represented by:

Mr. M.K. Dhingra, Advocate with petitioners in person.

versus STATE OF DELHI & ANR ..... Respondents Represented by:

Mr. Ravi Nayak, APP for the State with W/ASI Sushma, PS Uttam Nagar.

Mr. Anil Rakhra and Mr.

Kazim Raza, Advocates for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 03.11.2016 By the present petition the petitioners seek quashing of FIR No. 824/2014 under Sections 406/498A/34 IPC registered at PS Uttam Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR initially six accused were named however, charge sheet was filed keeping petitioner Nos. 1, 2 and 3 in Column No. 11 whereas Mr.Vijay Setia, maternal uncle of petitioner No. 1 was kept in Column No.12 and no charge sheet was filed against K.L. Khurana and Manish @ Monu. He

further states that in the above noted FIR the three petitioners are the only the summoned accused and the respondent No.2 is the only complainant/victim.

The complainant/Respondent No. 2 Ms. Bharti Kukreja who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners, terms whereof are noted in the statement of the petitioner No.1 and respondent No.2 as annexure-P3 to the present petition at pages 89 to

92. In terms of the settlement marriage between the Petitioner 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 `5.50 lakhs out of which she has received ₹3.50 lakhs and the balance amount of ₹2 lakhs has been received by her today in Court by way of Bankers Cheque No.755139 dated 25th October, 2016 drawn on State Bank of India and she has no claim whatsoever remaining against the petitioners. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel 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. 824/2014 under Sections 406/498A/34 IPC registered at PS Uttam 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.

NOVEMBER 03, 2016 'vn'