Narender Kandwal @ Narender Mohan & ORS v. The State Of Delhi & ANR

3# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + NARENDER KANDWAL @ NARENDER MOHAN & ORS ..... Petitioners Represented by:

Ms. Aruna Guleria, Advocate with petitioners in person.

versus THE STATE OF DELHI & ANR ..... Respondents Represented by:

Mr. Piyush Singhal, Advocate for Mr. Ashish Aggarwal, Additional Standing Counsel for the State with ASI Narender Pal, PS Gandhi Nagar.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.11.2017 Crl. M.A. No. 11113/2017 (Exemption) Allowed, subject to all just exceptions.

1.

By the present petition the petitioners seek quashing of FIR No. 165/2015 under Sections 498A/406/34 IPC registered at PS Gandhi Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned proxy counsel for the 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 the

respondent No. 2 the only complainant/victim in the above noted FIR. 3.

The complainant/Respondent No. 2 Ms. Uma Kandwal, who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners. 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. Respondent No. 2 further states that she does not claim any alimony, streedhan or maintenance from the petitioners and will not make any claim in future also. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She further states that she will abide by the terms of the settlement.

4.

Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement arrived at between the parties. 5.

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.

6.

Consequently, FIR No. 165/2015 under Sections 498A/406/34 IPC registered at PS Gandhi Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

7.

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

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

NOVEMBER 22, 2017 'vn'