Dinesh & ORS. v. The State (NCT Of Delhi) & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DINESH & ORS.

..... Petitioner Represented by:

Mr. Yogesh Kumar, Adv.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondent Represented by:

Mr. Ashok Kr. Garg, APP with SI Gajender PS CWC Nanakpura.

Ms. Geetanjali Borah, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.04.2017 Crl.M.A. 6642/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 185/2009 under Sections 498A/406/34 IPC registered at PS CWC Nanak Pura, 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 from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners before the Mediation Centre, Saket Courts on 16th February, 2016 copy whereof is annexed at pages 32 to 35 of the paper book. She states that after the settlement petitioner No.1 and respondent No.2 are residing happily at the matrimonial home on the ground floor whereas the mother-in-law is residing on the first floor and the sister-in-law on the second floor. She states that she has now no cause of grievance and will abide by the terms of settlement arrived at between the parties. She does not wish 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 settlement arrived at between the parties before the Mediation Centre, Saket Courts on 16th February, 2016. 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. 185/2009 under Sections 498A/406/34 IPC registered at PS CWC Nanak Pura, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 24, 2017 'ga'