Tarun Sharma & ORS v. State & ANR

39# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + TARUN SHARMA & ORS ..... Petitioners Represented by:

Mr. Rohi Dadwal and Mr.

Aditya Gupta, Advocates with petitioners in person.

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

Mr. Ravi Nayak, APP for the State with SI Sandeep Kumar, PS Tialk Marg.

Mr. Alind Srivastava and Ms.

Shreyase Agarwal, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.09.2016 Crl. M.A. No.14007/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 217/2014 under Sections 498A/406/354/34 IPC registered at PS Tilak Marg, 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 the Investigating Officers submits that as per the FIR and the investigation carried out the

three petitioners are the only accused and respondent No.2 is the only complainant/victim in the above noted FIR.

The complainant/Respondent No. 2 Ms. Priyanka Yadav who is present in Court and is identified by the learned counsel and the Investigating Officer states that the Petitioners and Respondent No.2/Complainant have entered into a Compromise and in terms of the settlement divorce by mutual consent has already been granted between the petitioner No.1 and respondent No.2. 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 `1 lakhs out of which she has received a sum `60,000/- and the balance amount of `40,000/- has been paid to her today in Court vide Demand Draft No. 426460 dated 1st September, 2016 drawn on State Bank of Hyderabad, Scope Complex, Delhi. She accepts the receipt of `1 lakh.

She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by their counsel affirm the statement made by respondent No.2 and states that they will abide by the terms of the 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. 217/2014 under Sections 498A/406/354/34 IPC registered at PS Tilak 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 08, 2016 'vn'