Ravi Teotia & ANR. v. The State Of NCT Of Delhi & ANR.

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAVI TEOTIA & ANR.

..... Petitioners Represented by:

Mr. Pankaj Mendiratta, Advocate.

versus THE STATE OF NCT OF DELHI & ANR.

..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Balbir Singh, Div/SD.

Mr. Dhruv Mohan & Mr. Harsh, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.10.2016 Crl. M.A. No.16559/2016 (for exemption) Allowed, subject to all just exceptions.

Crl. M.C. No.3952/2016 & Crl. M.A. No.16560/2016 (for stay) 1.

By the present petition, the petitioners seek quashing of FIR No.322/2010 under Sections 498-A/406/323/354/34 IPC registered at PS Hauz Khas, New Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

2.

The learned APP for the State, on instructions, submits that in the above noted FIR, the petitioners are the only accused and respondent No.2 is the only complainant. The respondent No.2, Ms. Anju Sirohi, is present in

court and is identified by her counsel and the Investigating Officer. She 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 on 23.4.2016.

3.

As part of full and final settlement, the respondent No.2 is entitled to receive a sum of ₹7,50,000/- in lieu of all her claims of maintenance, stridhan, alimony, etc. out of which she has already received a sum of ₹5 lacs and the balance amount of ₹2,50,000/- has been received by her in court today by way of demand draft bearing No.025886 dated 17.10.2016 drawn at Axis Bank, Delhi and she has no claim whatsoever remaining against the petitioners. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

4.

The petitioners, who are present in court and are identified by the Investigating Officer, affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement. 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.322/2010 under Sections 498A/406/323/354/34 IPC registered at PS Hauz Khas, New 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.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 24, 2016 'AA'