Sh. Kishan Kumar v. The State Of N.C.T. Of Delhi & ANR.

42# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SH. KISHAN KUMAR ..... Petitioner Represented by:

Mr. Lokesh Bharti and Ms. Sheetu Mishra, Advocates with petitioner in person.

versus THE STATE OF N.C.T. OF DELHI & ANR.

..... Respondents Represented by:

Mr. Jamal Akhtar, Advocate for Mr.

Rahul Mehra, Standing Counsel for State with SI Ravinder, PS Palam Village.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.12.2018 By the present petition the petitioner seeks quashing of FIR No. 300/2016 under Sections 498A/406 IPC registered at PS Palam Village, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Standing Counsel for the State on instructions from the Investigating Officer submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/victim.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the Petitioner

before the Mediation Centre, Dwarka Courts, copy whereof is at pages 1618 of the paper book. In terms of the settlement marriage between the Petitioner 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 has to pay a sum of ₹3.75 lakhs to respondent No.2 out of which she has already received a sum of ₹3.50 lakhs and the balance amount of ₹25,000/- has been received by her today in Court in cash. She further states that she has no claim whatsoever remaining against the petitioner. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and will abide by the terms of settlement.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of settlement arrived at between the parties. 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. 300/2016 under Sections 498A/406 IPC registered at PS Palam Village, 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.

DECEMBER 05, 2018 'vn'