High Court of DelhiCRL.M.C./1782/2017

Tilak Raj v. State & Delhi & ANR

2017-05-02Hon'Ble Ms. Justice Mukta Gupta2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1782/2017 TILAK RAJ ..... Petitioner Represented by:

Ms. Amrit Kaur, Adv. with petitioner.

versus STATE & DELHI & ANR ..... Respondent Represented by:

Mr. Hirein Sharma, APP with Inspector Yogesh, SHO/Khajuri Khas and ASI Jaiveer.

Mr. Avinash Sharma and Mr.

Haqsood Husain, Advs. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.05.2017 Crl.M.A. 7261/2017 Exemption allowed, subject to all just exceptions. Crl.M.C. 1782/2017 By the present petition, the Petitioner seeks quashing of FIR No. 260/2013 under Sections 498A/323/341 registered at PS Khajuri Khas, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions states that in the above noted FIR, the petitioner is the only accused and respondent No.2 the only complainant/victim.

Respondent No. 2 who is present in Court and identified by learned

counsel states that she has settled the matter with the petitioner before the Principal Judge, Family Courts, Central District on 25th August, 2015 pursuant thereto divorce by mutual consent was granted between the petitioner and respondent No.2. In lieu of all her claims towards maintenance/istridhan/permanent alimony, etc. respondent No.2 is entitled to receive ₹2 lakhs which she has already received. She states that she has now no claim whatsoever against the petitioner and does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioner who is present in Court and identified by learned counsel affirms the statement of respondent No.

2 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. 260/2013 under Sections 498A/323/341 registered at PS Khajuri Khas, 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.

MAY 02, 2017/'v mittal'