Mohit Kumar & ANR v. State & ANR

8# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHIT KUMAR & ANR ..... Petitioners Represented by:

Mr. Kumar Mukesh, Advocate with petitioners in person.

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

Mr. Piyush Singhal, Advocate for Mr. Ashish Aggarwal, Additional Standing Counsel for the State with SI Mukesh Meena, PS Sagar Pur.

Respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.08.2016 Crl. M.A. No.13344/2016 (Delay in filing amended memo of parties) For the reasons stated in the application delay of 16 days in filing the amended memo of parties is condoned.

Amended memo of parties is taken on record.

Application is disposed of.

By the present petition the petitioners seek quashing of FIR No. 781/2015 under Sections 354/509/451/34 IPC registered at PS Sagar Pur, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from the Investigating Officer submits that in the abovementioned FIR besides the two petitioners there is no other accused and the respondent No.2 is the complainant and the respondent No.3 is the other victim in the present FIR.

The Respondent Nos. 2 and 3 Ms. Nirmala Devi, the complainant and Mr. Vikas Singh are present in Court and are identified by the Investigation Officer. Respondent No.2, who is the mother-in-law of the petitioner No.1 states that she has settled the matter with the petitioners and in terms of the settlement between the parties and since her daughter is now residing happily with the petitioner No.1, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Respondent No.3 also states that he does not wish to pursue the above-mentioned FIR and the proceedings pursuant thereto.

Petitioners, who are also present in Court and are identified by the learned counsel state that they will abide by the terms of settlement. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and noted above the dispute was essentially a matrimonial dispute between the daughter of respondent No.2 and the petitioner No.1 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. 781/2015 under Sections 354/509/451/34 IPC

registered at PS Sagar 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 29, 2016 'vn'