Sudesh Pal & ORS v. State (NCT Of Delhi) & ORS

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

Ms. Monika Sharma, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Represented by:

Mr. Ravi Nayak, APP for the State with SI Uma Dutt, PS Mangol Puri.

Mr. Rajendra Kumar Tiwari, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.09.2016 By the present petition the petitioners seek quashing of FIR No. 613/2013 under Sections 498A/406/34 IPC registered at PS Mangol Puri, 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 besides the petitioners mentioned in the memo of parties, there is no other accused and besides the respondent No.2 there is no other complainant/victim in the present FIR.

The complainant/ Respondent No. 2 Ms. Vandana Verma who is

present in Court and is identified by the learned counsel and the Investigating Officer states that the Petitioners and Respondent No.2/Complainant have entered into a Compromise. In terms of the settlement marriage between the Petitioner No. 1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No. 1 has to pay sum of `3 lakhs out of which `2 lakhs have already been paid and the balance amount of `1 lakhs has been received by her today in court vide Demand Draft No. 178504 dated 16th September, 2016 drawn on Canara Bank, Mangol Puri, Delhi. Respondent No.

2 accepts receipt of payment of `3 lakhs in lieu of settlement of all her claims towards the petitioners and she will make no claim for her maintenance. 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 the respondent No.2 and state that they will abide by the terms of the 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. 613/2013 under Sections 498A/406/34 IPC registered at PS Mangol Puri, 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 21, 2016 'vn'