Naveen Kumar & ORS v. State & ANR
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4037/2016 NAVEEN KUMAR & ORS ..... Petitioner Represented by:
Mr. Kunal Yadav & Mr.
Mukesh, Adv. with petitioners.
versus STATE & ANR ..... Respondent Represented by:
Ms. Rajni Gupta, APP with SI Ranbir Singh, PS Bharat Nagar.
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 27.10.2016 Crl.M.A. 16895/2016 Exemption allowed subject to all just exceptions. Crl.M.C. 4037/2016 By the present petition, the petitioners who are four in number seek quashing of FIR No.242/2014 under Sections 406/498A/34 IPC registered at PS Bharat Nagar on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions submits that though inthe FIR 5 accused were arrayed, however only 4 petitioners were charge sheeted and placed in column No.11 and one Neetu was kept in column No.12 who was not summoned by the learned Trial Court. She further states that respondent No.2 is the only complainant/victim. Respondent No.2 who is present in Court and identified by the investigating officer submits that she has settled the matter with the
petitioners. After registration of the FIR, with the intervention of family members and relatives, parties have reconciled their differences and she has been living with petitioner No.1 away from the in-laws in a separate accommodation since 2015 and since she has no grievance now against the petitioners, she does not wish to pursue the above noted FIR and proceedings pursuant thereto. Petitioner Nos. 1,3 and 4 who are present in Court and identified by learned counsel affirm the statement of respondent No.2 and state that they will give her no cause of grievance. Petitioner No.2 is stated to be suffering from paralysis and thus exempted from appearing before this Court.
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.242/2014 under Sections 406/498A/34 IPC registered at PS Bharat 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 27, 2016 'v mittal'