Ankit Sachdeva & ORS. v. State & ANR. ( NCT Of Delhi)

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3191/2016 & Crl.M.A. 13644/2016 (stay) ANKIT SACHDEVA & ORS.

..... Petitioner Represented by:

Mr. Sumant Sudan, Adv.

versus STATE & ANR. ( NCT OF DELHI) ..... Respondent Represented by:

Mr. Hirein Sharma, APP with WSI Anita PS Paschim Vihar.

Mr. Iqbal Singh, Mr. M.K.

Pandey, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.09.2016 By the present petition, the Petitioners seek quashing of FIR No. 472/2015 under Sections 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.

Notice. Learned APP for the State accepts notice. Learned APP on instructions from Investigating Officer submits that the above-noted FIR was registered against Rajan Sachdeva also besides the five petitioners named in the FIR, however during the pendency of the investigation Rajan Sachdeva the father of petitioner No.1 has since passed away and thus five

petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the counsel and the Investigating Officer. She states that she has settled the matter with the petitioners and divorce by mutual consent has been granted between the petitioner No.1 and the respondent No.2. Respondent No.2 is entitled to receive a sum of `9 lakhs in lieu of all her claims of maintenance, istridhan, alimony etc., of which she has already received a sum of `5 lakhs and the balance amount of `4 lakhs has been received by her today in Court vide demand draft No.'765372' drawn on IndusInd Bank. She states that she has no claim whatsoever of any kind remaining against the petitioners and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

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. 472/2015 under Sections 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. Petitioner No.5 is exempted from appearing before this Court as she is unwell. The petition and application are disposed of. Order dasti. MUKTA GUPTA, J.

SEPTEMBER 05, 2016 'ga'