Manish Dargan & ORS. v. State & ANR.

41# $~ *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MANISH DARGAN & ORS.

..... Petitioners Represented by:

Mr.Anubhav Bhasin and Mr.

Bhuvanesh Sehgal, Advocates with petitioners in person.

versus STATE & ANR.

..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Ved Parkash, PS CWC, Nanak Pur.

Mr. G.D. Parashar, Ms. Parul Singh and Mr. K.K. Agarwal, Advocates for respondent NO.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.09.2016 Crl. M.A. No. 15365/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 116/2013 under Sections 498A/406/34 IPC registered at PS CAW Cell, Nanak Pura, 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 submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant/victim.

The complainant/Respondent No. 2 Ms. Sakshi 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 settled the matter. 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 a sum of `24.50 lakhs out of which `16 lakhs have already been paid to her and the balance amount of `8.50 lakh have been paid to her today in Court by way of Bankers' Cheque bearing No.656727 dated 27th September, 2016 drawn on State Bank of Patiala. Respondent No. 2 accepts receipt of payment of `24.50 lakhs, in lieu of settlement of all her claims towards the petitioners and she will make no claim for her maintenance. She also states 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 the learned counsel affirm the statement of respondent No.2 and state that they would abide by the terms of the settlement arrived. 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. 116/2013 under Sections 498A/406/34 IPC registered at PS CAW Cell, Nanak Pura, 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 29, 2016 'vn'