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High Court of DelhiCRL.M.C./3563/2016

Ravi & ORS v. State & ANR

2016-09-26Hon'Ble Ms. Justice Mukta Gupta3 pages

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

Mr. Sandeep Singh, Advocate with petitioners in person.

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

Ms. Meenakshi Chauhan, APP for the State with SI Prem Singh, PS Defence Colony.

Mr. Umesh Tomar, Advocate for the respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.09.2016 Crl. M.A. No. 15061/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 41/2013 under Sections 498A/406/34 IPC registered at PS Defence Colony, New 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 from the Investigating Officer submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant/victim.

The complainant/Respondent No. 2 Ms. Reena Baniwal who is present in Court and is identified by the learned counsel and Investigating Officer states that the Petitioners, who are the husband, father-in-law and the mother-in-law and Respondent No.2/Complainant have entered into a Compromise and for the last four months she is now living in the matrimonial home happily without any grievance. 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 also assure that no cause of grievance would be given to the respondent No.2 and they will all facilitate a happy married life to the petitioner No.1 and respondent No.

2 and they will abide by the terms of 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. 41/2013 under Sections 498A/406/34 IPC registered at PS Defence Colony, New 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 26, 2016 'vn'