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High Court of DelhiCRL.M.C./2737/2016

Arun Puri & ORS v. State (Govt Of NCT Of Delhi) & ANR

2016-08-02Hon'Ble Ms. Justice Mukta Gupta3 pages

37# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARUN PURI & ORS ..... Petitioners Represented by:

Mr. Jitender Gupta and Mr.

Abhishek Gupta, Advocates with petitioners in person.

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

Mr. Ravi Nayak, APP for the State with SI Gurcharan Singh, PS Rajouri Garden.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.08.2016 Crl.M.A. No.11708/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 446/2015 under Sections 498A/406/34 IPC registered at PS Rajouri Garden, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Issue notice.

Learned APP accepts notice on behalf of the State. Learned APP for the State on instructions from the Investigating Officer submits that besides the 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.Chanda Puri is present in Court and is identified by the Investigating Officer. She states that the disputes between the Petitioner No. 1 and her have been amicably resolved and she along with her husband Arun Puri, petitioner No.1 and their child is living separately away from the matrimonial home and she has no cause of grievance against the petitioners anymore. 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. Petitioner No.5 is not present in Court as she is residing outside and thus exempted from appearing before this Court. Petitioners Nos. 1 to 4, 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. 446/2015 under Sections 498A/406/34 IPC registered at PS Rajouri Garden, 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 02, 2016 'vn'