Ravi Kant Kaushik & ORS. v. State & ANR.

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3049/2016 RAVI KANT KAUSHIK & ORS.

..... Petitioner Represented by:

Mr. S.P. Sharma and Mr.

Mayank Sharma, Advs. with petitioners.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI N.L. Saini, PS K.N. Katju Marg.

Mr. Jai Subhash Thakur, Adv.

for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.09.2016 By the present petition, the petitioners seek quashing of FIR No.1251/2014 under Sections 498A/406/34 IPC registered at PS K.N. Katju Marg on the complaint of respondent No.2 and proceedings pursuant thereto as parties have settled the matter.

Learned APP for the State on instructions submits that in the above noted FIR, the three petitioners are only accused and respondent No.2 the only complainant/victim.

Respondent No.2 who is present in Court and identified by learned counsel and the investigating officer submits 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 terms of settlement, respondent

No.2 has not claimed any maintenance/stridhan/permanent alimony except some gold jewellery and will not claim the same in future also. The custody of the minor daughter is with respondent No.2 and petitioners will have neither custody nor any visitation right of the minor daughter. Respondent No.2 has received `48020/- in lieu of gold jewellery as stated above. 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.

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.1251/2014 under Sections 498A/406/34 IPC registered at PS K.N. Katju Marg, 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.

SEPTEMBER 30, 2016 'v mittal'