Manish Kumar & ORS v. State (NCT Of Delhi) & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANISH KUMAR & ORS ..... Petitioner Represented by:

Mr. Basant Kumar Gautam, Adv.

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

Ms. Meenakshi Chauhan, APP with SI Ashok Kumar PS Karawal Nagar.

Ms. Renu Tyagi, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.11.2016 By the present petition the petitioners seek quashing of FIR No. 156/2013 under Sections 498A/406/34 IPC registered at PS Karawal Nagar, 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 Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the only complainant/ victim. Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the

matter with the petitioners vide memorandum of understanding dated 10th August, 2016. That after the difference arose between the parties, petitioner No.1 and respondent No.2 are living together as husband and wife in the matrimonial home with the other in-laws since 3rd February, 2015. As agreed to in the settlement, the jewellery articles belonging to the respondent No.2, her minor son Master Pratayksh and her husband petitioner No.1 has been handed-over to her. She does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respnodent No.2 and state that they would 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. 156/2013 under Sections 498A/406/34 IPC registered at PS Karawal 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.

NOVEMBER 24, 2016 'ga'