Jaspal Singh v. State & ANR

24# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + JASPAL SINGH & Ors.

..... Petitioners Represented by:

Mr. Rakesh Malviya, Mr.

Karanveer Chaudhary and Mr.

Manish Chaudhary, Advocates with petitioner Nos. 1 to 4 in person.

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

Mr. Ashok K. Garg, APP for the State with SI Sunekha, PS Malviya Nagar Mr. Narender Kumar, Advocate for respondent No.2 with respondent Nos. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.11.2016 By the present petition the petitioners seek quashing of FIR No. 337/2014 under Sections 406/498A/34 IPC registered at PS Malviya 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 submits that in the above noted FIR six petitioners have been named as accused and the respondent No. 2 is the only complainant/victim.

The complainant/Respondent No. 2 Ms. Harvinder Kaur @ Harwinder Kaur, who is present in Court and is identified by the learned

counsel and the Investigating Officer states that she has settled the matter with the petitioners before the Delhi High Court Mediation and Conciliation Centre on 8th July, 2015. In terms of the settlement agreement, annexed as Annexure-P2 to the present petition, 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 `12 lakhs out of which she has received ₹8 lakhs and the balance amount of ₹4 lakh has been paid to her vide Demand Drafts bearing No.

183239, 021037, 771510 dated 10th November and 11th November, 2016 respectively drawn on Central Bank of India, IDBI Bank and Union Bank of India and she has no claim whatsoever remaining against the petitioners. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner Nos. 1 to 4 who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement agreement dated 8th July, 2015. Petitioner Nos. 5 and 6, married sisters of the petitioner No.1 and residing in Mohali, Punjab and Shahjahan Pur, U.P. are not present in Court and are exempted from appearing before the Court.

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. 337/2014 under Sections 406/498A/34 IPC registered at PS Malviya 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 15, 2016 'vn'