Vipul Sharma & ORS v. State Govt Of NCT Of Delhi & ANR

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2175/2017 VIPUL SHARMA & ORS ... Petitioners Represented by:

Mr.Adish Jain, Advocate versus STATE GOVT OF NCT OF DELHI & ANR .... Respondents Represented by:

Ms.Meenakshi Dahiya, APP for the State with SI Praveen, PS Jagatpuri Mr.Paritosh Sharma with Ms.Priyanka Sharma, Advocates for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 04.12.2017 1.

By this petition the petitioners seek quashing of FIR No.13/2015 under Section 498A/406/34 IPC registered at Police Station Jagat Puri on the complaint of respondent No.2 and the proceedings thereto on the ground that parties have settled the matter.

2.

Learned APP, on instructions, submits that in the present FIR, four petitioners are the only accused and respondent No.2 is the only complainant.

3.

Respondent No.2 is present in court and is identified by her counsel and the Investigating Officer. She states that she has settled the matter with the petitioners vide Settlement Deed dated 31st March, 2017 and in terms of the settlement, divorce by mutual consent has been granted to petitioner CRL.M.C. 2175/2017

No.1 and respondent No.2. In full and final settlement of all her claims i.e. maintenance, streedhan, alimony etc. respondent No. 2 has received a sum of ₹15,00,000/- and respondent No.2 has no claim whatsoever remaining against the petitioners and she does not want to pursue the above mentioned FIR and proceedings pursuant thereto. She further states that she will abide by the terms of the Settlement Deed dated 31st March, 2017. 4.

Petitioners 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 the Settlement Deed dated 31st March, 2017. 5.

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.

6.

Consequently, FIR No.13/2015 under Section 498A/406/34 IPC registered at Police Station Jagat Puri and proceedings pursuant thereto are hereby quashed.

7.

Petitioners No.1 to 4 and respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court. 8.

Petition is disposed of.

9.

Order dasti DECEMBER 04, 2017 MUKTA GUPTA, J.

'rk'

CRL.M.C. 2175/2017