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

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3207/2016 RAJEEV & ORS ..... Petitioner Represented by:

Mr. Yogesh K. Chandra and Mr. Lalit Kumar, Advs. with petitioners.

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

Ms. Meenakshi Chauhan, APP with SI Jagdeep, PS Swaroop Nagar.

Mr. Anil Gahlot, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.10.2016 By the present petition, the petitioners seek quashing of FIR No.112/2014 under Sections 498A/406/34 IPC registered at PS Swaroop Nagar on the complaint of respondent No.2 and proceedings pursuant thereto on the ground that parties have settled the matter. On the last date of hearing, learned APP for the State submitted that besides the five petitioners, there were other accused and wanted time to verify the fact. Status report has been filed as per which the five petitioners are only accused charge sheeted in the above noted FIR and there is no other accused and besides respondent No.2 there is no other complainant/victim. Respondent No.2 who is present in Court and identified by learned counsel states that she has settled the matter with the petitioners. Divorce by mutual consent has been granted between petitioner No.1 and respondent

No.2. In lieu of all her claims regarding maintenance/istridhan/permanent alimony etc. respondentNo.2 has already received ₹4.5 lakhs and she has now no claim whatsoever against the petitioners. She states that she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and identified by 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 a typed copy of which is placed on record at pages 39 to 44. 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.112/2014 under Sections 498A/406/34 IPC registered at PS Swaroop Nagar, 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.

OCTOBER 27, 2016 'v mittal'