Manish Kumar Sharma & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

31# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANISH KUMAR SHARMA & ORS.

..... Petitioners Represented by:

Mr. Vinod Gaur, Advocate with petitioners in person.

versus STATE (GOVT. OF NCT OF DELHI) & ANR...... Respondent Represented by:

Mr. Ashok K. Garg, APP for the State with ASI Dharmvir Singh, PS CWC, Nanak Pura.

Mr. Santosh Kumar, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.10.2016 By the present petition the petitioners seek quashing of FIR No. 113/2012 under Sections 498A/406/34 IPC registered at PS CAW Cell, Nanak Pura, Delhi 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 in the above noted FIR the three petitioners are the only accused persons and the respondent No.2 is the only complainant/victim in the abovementioned FIR. The complainant/Respondent No. 2 Ms. Ruchi Sharma is present in Court and is identified by the learned counsel and the Investigating Officer

states that the Petitioners and Respondent No.2/Complainant have settled the matter in terms of the agreement dated 4th September, 2015, copy whereof has been enclosed at pages 28 to 33 of the present petition. In terms of the settlement marriage between the Petitioner No. 1 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 No. 1 has to pay a sum of `5.50 lakhs out of which `3.50 lakhs have already been received by her and the balance amount of `2 lakhs have been received by her today in Court by Demand Draft Nos.5752055 and 752056 dated 4th October, 2016 drawn on Oiriental Bank of Commerce, Jasola, Delhi. Respondent No. 2 accepts the receipt of ₹5.50 lakhs and states that she has no claim whatsoever against the petitioners now. She states that in terms of the settlement and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they would abide by the terms of the Settlement.

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. 113/2012 under Sections 498A/406/34 IPC registered at PS CAW Cell, Nanak Pura, 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.

OCTOBER 07, 2016 'vn'