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High Court of DelhiCRL.M.C./3277/2016

Ronit Rally & ORS v. State & ORS

2016-10-19Hon'Ble Ms. Justice Mukta Gupta3 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RONIT RALLY & ORS ..... Petitioner Represented by:

Mr. Sanjeev Manchanda, Adv.

versus STATE & ORS ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with SI Ram Phool, PS Paschim Vihar.

Mr. Jagdeep Vats, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.10.2016 By the present petition the petitioners seek quashing of FIR No. 840/2014 under Sections 307/377/354/498A/406/506/34 IPC registered at PS Paschim Vihar, 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 Investigating Officer submits that in the above-noted FIR the six petitioners are the only accused and respondent No.2 the only complainant/ victim. Respondent No. 2 is present in Court and is identified by her counsel and the Investigating Officer. She states that she has settled the matter with the petitioners in terms of the settlement which is recorded vide order dated

19th November, 2015 passed by this Court in Bail Applications No.2601/2014 and 2814/2014, copy whereof is annexed at pages 48 to 50 of the paper book. Divorce by mutual consent has been granted between the respondent No.2 and petitioner No.1. Respondent No.2 is entitled to receive a sum of ₹1.5 crores in lieu of all her claims of maintenance, istridhan and alimony out of which she has already received ₹1.10 crores, and the balance amount of ₹40 lakhs has been received by her today in Court by way of two demand drafts No. '081675' drawn on Indian Overseas Bank and No.'006869' drawn on ICICI Bank respectively. She states that now she has no claim whatsoever of any kind remaining against the petitioners and she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners No.1 to 4 who are present in Court affirm the statement of respondent No.2 and state that they will abide by the terms of settlement arrived at between the parties. Petitioners No.5 and 6 being resident of Bombay are not present and they are exempted from appearance. 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.

840/2014 under Sections 307/377/354/498A/406/506/34 IPC registered at PS Paschim 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.

OCTOBER 19, 2016 'ga'