Deepak Shokeen & ORS v. State & ANR

5# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPAK SHOKEEN & ORS ..... Petitioners Represented by:

Ms. Nisha Narayanan, Advocate with petitioners in person.

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

Ms. Meenakshi Chauhan, APP for the State with SI Amarjeet Singh, PS Sangam Vihar.

Ms. Manjeet Kaur, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.12.2016 By the present petition the petitioners seek quashing of FIR No. 554/2014 under Sections 406/498A/34 IPC registered at PS Sangam Vihar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR the two petitioners are the only accused and the respondent No. 2 is the only complainant/victim. The complainant/Respondent No. 2 Ms. Preeti Shokeen, who is present in Court and is identified by the learned counsel and the

Investigating Officer states that she has settled the matter with the petitioners before the Mediation Centre, Saket Courts on 23rd December, 2015. 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 has not claimed any maintenance, streedhan or alimony etc. from the petitioners and will not even do so in future. She further states that the minor child Ishan born out of the wedlock will remain in her care and custody and the petitioners will neither have his guardianship nor the visiting rights. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and states that they will abide by the terms of the settlement arrived at Before the Mediation Centre, Saket Courts on 23rd December, 2015.

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. 554/2014 under Sections 406/498A/34 IPC registered at PS Sangam Vihar, 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.

DECEMBER 02, 2016 'vn'