Shamshad Ahmed Salmani & ORS v. State ( Govt Of NCT Delhi) & ANR

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHAMSHAD AHMED SALMANI & ORS ..... Petitioners Represented by:

Mr.Suraj Rathi and Mr.Vishal Raj Sehijpal, Advocates versus STATE ( GOVT OF NCT DELHI) & ANR ..... Respondents Represented by:

Ms.Richa Kapoor, ASC for the State with Ms.Amita Sachdeva and Ms.Ayushi Rajput, Advocates and ASI Ali Haider, PS Jagat Puri Mr.Sachet Sharma, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.08.2018 Crl.M.A.No.30106/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.2435/2018 1.

By this petition, the petitioners seek quashing of FIR No.151/2012 under Sections 498A/406/232/506/34 IPC registered at PS Jagat Puri, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR besides the seven petitioners, the

mother-in-law of the complainant was also arrayed as an accused however she has since passed away hence the seven petitioners are the only accused and the respondent No.2 is the only complainant/victim. 3.

Respondent No.2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Karkardooma Courts on 31st January, 2018 whereafter she has been residing with her inlaws and her husband along with her minor children. She further states that in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of settlement.

4.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. 5.

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.

6.

Consequently, FIR No.

151/2012 under Sections 498A/406/232/506/34 IPC registered at PS Jagat Puri, Delhi and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 16, 2018 mamta