Shri Krishan Balhara And ORS. v. The State (N.C.T. Of Delhi) & ANR.

40# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHRI KRISHAN BALHARA AND ORS.

..... Petitioners Represented by: Mr. Arvind Gupta and Mr Chetan, Advocates with petitioners in person.

versus THE STATE (N.C.T. OF DELHI) & ANR.

..... Respondents Represented by: Ms. Kamna Vohra, Additional Standing Counsel for State and Ms. Sarabjeet Kaur, Advocate with ASI Pawan Kumar, PS Narela.

Ms. Himanshi Khanna and Mr.

Sandeep Kumar, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.08.2018 By the present petition the petitioners seek quashing of FIR No. 179/2017 under Sections 498A/406/34 IPC registered at PS Narela, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the four petitioners are the only accused and the respondent No.2 is the only complainant/victim.

Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the Petitioners. Terms of the settlement are recorded in their joint statement seeking divorce by mutual consent before the learned Family Court. 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. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹3.50 lakhs to respondent No.2 which she has already received and an additional sum of ₹10,000/- towards the gas subsidy has already been received by her. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want 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 undertake to abide by the terms of settlement arrived at between the parties. 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. 179/2017 under Sections 498A/406/34 IPC registered at PS Narela, 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.

AUGUST 10, 2018 'vn'