Harvinder Singh & ORS. v. State & ANR.

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3456/2016 HARVINDER SINGH & ORS.

..... Petitioner Represented by:

Ms. Saahila Lamba with Mr.

R.K. Gupta, Advs. and petitioners.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with ASI Jai Bhagwan, PS Kirti Nagar.

Mr. Vineet Kaushik, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.09.2016 CM 14596/2016 Exemption allowed, subject to all just exceptions. Crl.M.C. 3456/2016 By the present petition, the petitioners seek quashing of FIR No.399/2013 under Sections 406/498A/34 IPC registered at PS Kirti Nagar 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 the five petitioners are the only accused and respondent No.2 is only complaint/victim. Respondent Nos. 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. Divorce by mutual consent has been granted

between petitioner No.1 and respondent No.2. In terms of settlement, respondent No.2 was to receive `10 lakhs in lieu of all her claims towards stridhan, maintenance, permanent alimony etc. out of which she has already received `6.67 lakhs and balance amount of `3.34 lakhs she has received in Court by way of four bank drafts bearing No.133311, 133312, 133313 all dated 8th August, 2016 for `150000/- `84000/-, `50000/- all drawn on Allahabad Bank, Mayapuri, New Delhi and No.729880 dated 8th August, 2016 for `50000/- drawn on Syndicate Bank, Mayapuri, New Delhi. She does not wish to pursuant the above noted 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.399/2013 under Sections 406/498A/34 IPC registered at PS Kirti Nagar, 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 19, 2016/'v mittal'