Abhay Jha & ORS v. State & ANR

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3863/2016 ABHAY JHA & ORS ..... Petitioners Represented by:

Mr. Kuldeep Rana, Adv. with petitioners.

Versus

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

Ms. Rajni Gupta, APP with W/SI Savita, PS Ranhola.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.11.2016 By the present petition, the petitioners seek quashing of FIR No.176/2013 under Sections 406/498A/34 IPC registered at PS Ranhola 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 in the above noted FIR the four petitioners are only accused and respondent No.2 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 before the Delhi Mediation Centre, Tis Hazari Courts and pursuant to the settlement, she is residing with petitioner No.1 her husband and child in the matrimonial home along with other petitioners. She states that she does not wish to pursue the above noted FIR and proceedings

pursuant thereto. The petitioners who are present in Court and identified by 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 on 19th April, 2016 a copy whereof has been placed on record at pages 38 to 40 of the paper book.

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.176/2013 under Sections 406/498A/34 IPC registered at PS Ranhola, 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.

NOVEMBER 10, 2016 'v mittal'