High Court of DelhiCRL.M.C./3636/2016

Ronald David Everson v. State Through NCT Delhi & ORS

2016-12-09Hon'Ble Ms. Justice Mukta Gupta2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3636/2016 RONALD DAVID EVERSON & ANR.

..... Petitioner Represented by:

Mr. Sandeep Singh, Adv. for Mr. Naomi Chandra, Adv. with petitioners.

versus STATE REPRESENTED BY: NCT DELHI & ORS ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with W/ASI Krishna, PS Uttam Nagar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.12.2016 Crl.M.A. 19272/2016 Amended memo of parties is taken on record.

Application is disposed of.

Crl.M.C. No.3636/2016 By the present petition, the petitioners seek quashing of FIR No.346/2013 under Sections 498A/406/34 IPC registered at PS Uttam 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 submits that in the above noted FIR, the two petitioners are the only accused and respondent No.2 the only complainant/victim.

Respondent No.2 who is present in Court and identified by investigating officer submits that she has settled the matter in terms of

Compromise deed by mutual consent dated 23rd July, 2016 and now both petitioner No.1 and respondent No.2 are living happily as a couple with their two children and respondent No.2 does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and identified by learned counsel state that they will abide by the terms of settlement arrived at between the parties and will give no cause of grievance to respondent No.2.

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.346/2013 under Sections 498A/406/34 IPC registered at PS Uttam 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.

DECEMBER 09, 2016 'v mittal'