Sh. Saurabh Gupta v. The State & ANR.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SH. SAURABH GUPTA & ORS.

..... Petitioner Represented by:

Mr. R.S. Sharma, Mr. Bheem Sharma, Advs.

versus THE STATE & ANR.

..... Respondent Represented by:

Ms. Richa Kapoor, ASC with ASI Chander Pal Singh PS Farsh Bazar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.02.2019 By the present petition the petitioners seek quashing of FIR No. 191/2018 under Sections 354B/506/509/34 IPC registered at PS Farsh Bazar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the four petitioners as impleaded by way of an amended memo of parties are the only accused and respondent No.2 the only complainant/ victim. Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that the above-noted FIR arises out of a matrimonial dispute between her and her in-laws which has now been settled. She states that pursuant to the settlement divorce by mutual consent

has been granted between her and petitioner No.1. In lieu of all her claims of maintenance, istridhan, alimony, etc., she was to receive a total sum of ₹ 11 lakhs out of which she has already received ₹10 lakhs and the balance amount of ₹1 lakh has been received by her today in Court by way of demand draft No. '328109' drawn on Syndicate Bank. She states that she has now no claim whatsoever against the petitioners 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 the learned counsel affirm the statement of respondents No.2 to 4 and undertake to abide by the terms of settlement arrived at between the parties vide settlement deed dated 10th July, 2018 copy whereof is annexed as Annexure B to the present petition.

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. 191/2018 under Sections 354B/506/509/34 IPC registered at PS Farsh Bazar, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 27, 2019 'ga'