Manohar Singh & ORS v. State & ANR

19# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2919/2016 and Crl. M.A. No. 12525/2016 (Stay) MANOHAR SINGH & ORS ..... Petitioners Represented by:

Mr. Rakesh Mukhija, Advocate with petitioner Nos. 1, 2, 3, 4 and 6 in person.

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

Mr. Ashok K. Garg, APP for the State with W/SI Munesh, PS Anand Vihar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.01.2017 By the present petition the petitioners seek quashing of FIR No. 276/2008 under Sections 498A/406/34 IPC registered at PS Anand Vihar, 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 the Investigating Officer submits that in the above noted FIR the eight persons were named as accused who all have been impleaded as petitioners and the respondent No. 2 is the only complainant/victim in the above noted FIR. The complainant/Respondent No. 2 Ms. Meenu, who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners. In terms of the settlement marriage between

the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. She states that she has settled all the disputes without any monetary consideration. She does not want to claim anything from the petitioners and in terms of the settlement does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She states that the cost as imposed on the petitioners vide order dated 14th December, 2016 has been paid to her today.

Petitioner Nos. 1 to 4 and 6 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 arrived at between the parties. Copy of the disability certificate of the petitioner No. 5 has been placed on record. Petitioner Nos. 7 and 8 are working in Army. Thus petitioner Nos. 5, 7 and 8 are exempted from appearing before this Court.

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. 276/2008 under Sections 498A/406/34 IPC registered at PS Anand Vihar, Delhi and proceedings pursuant thereto are hereby quashed.

Petitioner Nos. 1 to 4 and 6 and respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court. The petition and the application are disposed of. Order dasti. MUKTA GUPTA, J.

JANUARY 20, 2017 'vn'