Naresh & ORS. v. State (NCT Of Delhi ) & ANR.

34# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + NARESH & ORS.

..... Petitioners Represented by:

Mr. S.B. Sharma, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Babu Lal, III Bn.

DAP.

Mr. Rishabh Relan, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.10.2016 Crl. M.A. No. 16385/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 522/2014 under Sections 498A/406/34 IPC registered at PS Tilak Nagar, 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 four 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. Priyanka 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 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 Petitioners have paid a sum of `3 lakhs and she has no claim whatsoever remaining 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. 522/2014 under Sections 498A/406/34 IPC registered at PS Tilak Nagar, 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 21, 2016 'vn'