High Court of DelhiCRL.M.C./2778/2016

Sumit Kumar Bansal & ORS. v. State & ANR.

2016-08-03Hon'Ble Ms. Justice Mukta Gupta2 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2778/2016 SUMIT KUMAR BANSAL & ORS.

..... Petitioner Represented by:

Mr. Anil Dutt Sharma, Mr.

Hitender Kumar, Mr. Deepak Tomar, Advs.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Ghasi Ram PS Bindapur.

Mr. Swaminath, Mr. Rajesh Gulati, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 03.08.2016 Crl.M.A. 11834/2016 Exemption allowed subject to just exceptions. CRL.M.C. 2778/2016 By the present petition, the Petitioners seek quashing of FIR No. 35/2013 under Sections 498-A/406/34 IPC registered at PS Binda Pur, Delhi on the complaint of Respondent No.2.

Learned counsel for the State on instructions from Investigating Officer states that besides the Petitioners there is no other accused involved in the FIR and besides Respondent No. 2 there is no other complainant/victim.

CRL.M.C. 2778/2016

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 divorce by mutual consent has already been granted between the petitioner No.1 and respondent No.2. She has already received a sum of `13 lakhs in lieu of all her claims of istridhan, maintenance and alimony and she has no claim whatsoever remaining against them. She further 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. 35/2013 under Sections 498-A/406/34 IPC registered at PS Binda Pur, 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 03, 2016 'ga'

CRL.M.C. 2778/2016