Devender Arora v. State & ANR.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3790/2016 and Crl. M.A. No. 15848/2016 (Stay) DEVENDER ARORA ..... Petitioner Represented by: Ms.Ruchika Thakur, Advocate with petitioner in person.

versus STATE & ANR.

..... Respondents Represented by: Ms.Rajni Gupta, APP for State with SI Nagender, PS Vijay Vihar Mr.Rajesh Kumar Luthra, Advocate for respondent No.2 along with Respondent No.2 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 04.11.2016 Costs of ₹10,000/- as imposed vide order dated 6th October, 2016 has been handed over to respondent No.2.

By the present petition, the petitioners seek quashing of FIR No.1200/2014 under Section 498A/406/34 IPC registered at PS Vijay Vihar 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 the six petitioners named in the amended memo of parties are the only accused and respondent No.2, the only complainant/victim in the above noted FIR. Respondent No.2 is present in Court and identified by the learned

counsel and the Investigation Officer. She states that she has settled the matter with the petitioner during the counselling before the Family Court and the settlement recorded thereon, a copy of which is annexed at pages 33 to 36 of the paper book. She states that divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In terms of settlement, respondent No.2 is entitled to receive a sum of ₹6,00,000/- in lieu of maintenance, streedhan and permanent alimony out of which she has already received a sum of ₹4,50,000/- and the balance amount of ₹1,50,000/- has been received by her today in Court by way of Demand Draft bearing No.747630 dated 3rd September, 2016 drawn on Punjab National Bank, Vikaspuri, New Delhi and she has no claim whatsoever remaining against the petitioners.

She states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners No.1 to 4, who are present in Court and are identified by the learned counsel, affirm the statement of respondent No.2 and state that they will abide by the terms of settlement arrived at between the parties. Petitioners No.5 and 6 are stated to be out of station and thus are exempted from appearing before this Court.

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. 1200/2014 under Sections 498A/406/34 IPC registered at PS Vijay Vihar, New 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.

NOVEMBER 04, 2016 'sv'