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High Court of DelhiCRL.M.C./3003/2016

Sandeep Vishnoi & ORS. v. State & ORS. (NCT Of Delhi)

2016-11-17Hon'Ble Ms. Justice Mukta Gupta2 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3003/2016 SANDEEP VISHNOI & ORS.

..... Petitioner Represented by:

Ms. Neelam Singh, Adv. with petitioners.

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

Ms. Meenakshi Chauhan, APP with SI Virender PS Vijay Vihar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.11.2016 By the present petition, the petitioners seek quashing of FIR No.209/2015 under Sections 498A/406/34 IPC registered at PS Vijay Vihar on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter.

Learned APP for the state submits that in the above noted matter, four petitioners who are relatives of deceased husband of respondent No.2 are only accused and respondent No.2 the only complainant/victim. Respondent No.2 is present in Court and identified by the investigating officer. She states that she has settled the matter with the petitioners. She further states that she had married to Navdeep Kumar on 25th November, 2007 and a daughter namely Poorva was born from the said wedlock on 24th April, 2014. Unfortunately, Navdeep Kumar passed away on 24th April, 2014 whereafter differences arose between the petitioners and

respondent No.2. However, now the parties have settled the matter before Delhi Mediation Centre, Rohini District Court and respondent No.2 does not wish to pursue the above noted FIR and proceedings pursuant thereto. She states that in terms of settlement she has already received ₹10 lakh in full and final settlement of all her claims arising out of the marriage with late Navdeep Kumar including istridhan, maintenance, maintenance of child etc. She states that she has now no claim whatsoever against the petitioners and will abide by the terms of settlement arrived at between the parties. The petitioners who are present in court affirm the statement of respondent No.2 and state that they will abide by the terms of settlement dated 13th May, 2016 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.209/2015 under Sections 498A/406/34 IPC registered at PS Vijay Vihar, 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 17, 2016/'v mittal'