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High Court of DelhiW.P.(CRL)/1538/2017

Varun Yadav & ORS v. State (Gnct Of Delhi) & ANR

2017-11-24Hon'Ble Ms. Justice Mukta Gupta3 pages

33# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + VARUN YADAV & ORS ..... Petitioners Represented by:

Mr. Muddassir Daiyyan and Mr. Vineet Jain, Advocates with petitioner Nos. 1, 2 and 4 in person.

versus STATE (GNCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Rajesh Mahajan, Additional Standing Counsel for the State with SI Somvir Singh, PS Seema Puri.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.11.2017 By the present petition the petitioners seek quashing of FIR No. 598/2016 under Sections 498A/34 IPC registered at PS Seema 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 Additional Standing Counsel for the State on instructions from the Investigating Officer submits that in the above noted FIR the four petitioners are the only accused and respondent No.2 the only complainant/victim.

The complainant/Respondent No. 2 Ms. Poonam Rani Yadav, who is present in Court and is identified by the Investigating Officer states that she

has settled the matter with the petitioners and is living with petitioner No.1, her husband for the last six-seven months, separately from the matrimonial home. She states that she has now no cause of grievance and in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She states that she will abide by the terms of the settlement arrived at between the parties. Petitioner Nos. 1, 2 and 4 are present in Court and are identified by the learned counsel. Petitioner No.3 is stated to be unwell and thus not present in Court. Petitioner No.3 is exempted from appearing before this Court. Petitioner Nos. 1, 2 and 4 affirm the statement of the respondent No. 2 and state that they will abide by the terms of settlement. Petitioner No.1 also state that in future he will give no cause of grievance to respondent No.2 and will ensure a happy married life.

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. 598/2016 under Sections 498A/34 IPC registered at PS Seema Puri, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

NOVEMBER 24, 2017 'vn'