Hitesh Kumar & ORS v. State & ANR

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3956/2016 HITESH KUMAR & ORS ..... Petitioner Represented by:

Mr. Manobal Gupta, Adv.

versus STATE & ANR ..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Sukhvinder Sandhu, PS Bharat Nagar.

Mr. Gautam Singh, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.10.2016 Crl.M.A. 16571/2016 Exemption allowed subject to just exceptions. CRL.M.C. 3956/2016 By the present petition the petitioners seek quashing of FIR No. 66/2014 under Sections 498A/406/34 IPC registered at PS Bharat Nagar, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the eight petitioners are the only accused and respondent No.2 the only complainant/victim. Respondent No. 2 is present in Court and is identified by the learned counsel. She states that she has settled the CRL.M.C. 3956/2016

matter with the petitioners and in terms of the settlement divorce by mutual consent has been granted between petitioner No.1 and respondent No.2. Respondent No.2 in lieu of all her claims of istridhan, maintenance and alimony is entitled to receive a sum of ₹ 1,50,000/- of which she has already received a sum of ₹ 1 lakh and the balance amount of ₹50,000/- has been paid to her today in Court by way of cash. She states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and identified by the learned counsel affirm the statement of respondent No.2 and state that they will 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. 66/2014 under Sections 498A/406/34 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 24, 2016 /'ga'

CRL.M.C. 3956/2016