Joginder & ORS v. State, NCT Of Delhi & ORS

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3371/2016 JOGINDER & ORS ..... Petitioner Represented by:

Mr. Tripurari Jha and Mr.

Deepak Gupta, Advs. with petitioners.

versus STATE, NCT OF DELHI & ORS ..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Kulbir Singh, PS Shahbad Dairy.

Mr. Anil Chandra Jha, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.09.2016 Crl.M.A. 14302/2016 Exemption allowed, subject to all just exceptions. Crl.M.C. 3371/2016 By the present petition, the petitioners seek quashing of FIR No.125/2013 under Sections 498A/406/34 IPC registered at PS Shahbad Dairy on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter.

Learned APP for the State on instructions from the investigating officer submits that in the above noted FIR three petitioners are only accused and respondent No.2 is only complainant/victim. Respondent No.2 is present in Court and is identified by learned counsel and the investigating officer. She states that she has settled the

matter with the petitioners. In terms of settlement, divorce by mutual consent has been granted between petitioner No.1 and respondent No.2. In lieu of her all claims with regard to maintenance/stridhan/alimony etc. respondent No.2 was entitled to receive `2 lakhs out of which she has already received `1.25 lakhs and out of the balance amount of `75000/-, she has received `72000/- today in Court from the petitioners. Respondent No.2 states that she forgoes her claim of `3000/- and does not wish to pursue the above noted FIR and the proceedings pursuant thereto. Petitioners, who are present in Court and are identified by their counsel, affirms the statement of respondent No.2 and state that 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.125/2013 under Sections 498A/406/34 IPC registered at PS Shahbad Dairy, 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 15, 2016/'vkm'