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High Court of DelhiCRL.M.C./2991/2016

Gurpreet & ORS v. State (NCT Of Delhi) & ORS

2016-08-19Hon'Ble Ms. Justice Mukta Gupta3 pages

34# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + GURPREET & ORS ..... Petitioners Represented by:

Mr. S.B. Dinkar, Advocate with petitioners in person.

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

Ms. Rajni Gupta, APP for the State with ASI Harish Chandra, PS Burari.

Ms. Neetu Sindhi, Mr. Puneet Joshi and Mr. Nikhil Bhardwaj, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.08.2016 By the present petition the petitioners seek quashing of FIR No. 934/2014 under Sections 498A/406/34 IPC registered at PS Burari, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from the Investigating Officer submits that besides the ten petitioners mentioned in the memo of parties, there is no other accused and besides the respondent No.2 there is no other complainant/victim in the present FIR.

The complainant/Respondent No. 2 Ms.Prema is present in Court and is identified by the learned counsel and the Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have entered into a Compromise. 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 `1.50 lakhs out of which she has already received a sum of `1 lakhs and the balance amount of `50,000/-has been received by her today in Court by way of Demand Draft Nos.176938 and 176939 dated 18th August, 2016 drawn on State Bank of India, G.T. Karnal Road Industrial Complex, Delhi.

Respondent No. 2 accepts receipt of payment of `1.50 lakhs, in lieu of settlement of all her claims towards the petitioners and she will make no claim for her maintenance. The child Monika born out of the wedlock between petitioner No.1 and respondent No.2 will live in the care and custody of the respondent No.2. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners, who are present in Court and are identified by their counsel state that they will abide by the terms of the settlement.

pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 934/2014 under Sections 498A/406/34 IPC registered at PS Burari, 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 19, 2016 'vn'