Raj Kumar & ORS. v. State Of NCT Of Delhi & ORS.

3# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3892/2016 RAJ KUMAR & ORS.

..... Petitioners Represented by:

Mr. Sushil Kumar and Mr.

Aditya, Advocates with petitioners in person.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Represented by:

Mr. Hirein Sharma, APP for the State with SI Amit Kumar, PS Dabri, SWD, Delhi.

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. 395/2013 under Sections 406/498A/34 IPC registered at PS Dabri, 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 three petitioners are the only accused who were summoned by the learned Trial Court and the respondent No. 2 is the only complainant/victim.

The complainant/Respondent No. 2 Ms. Rinki @ Sridevi, who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners before the Mediation Centre, Dwarka Courts on 22nd May, 2013, copy of the settlement is annexed as CRL.M.C. 3892/2016

Annexure-B from pages 42-44 of the paper-book. In terms of the settlement she is residing with the petitioner No.1 in the matrimonial home for the last three years and she has no cause of grievance now. She states that she will abide by the terms of settlement arrived at between the parties on 22nd May, 2013 and 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, Dwarka Courts on 22nd May, 2013.

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. 395/2013 under Sections 406/498A/34 IPC registered at PS Dabri, 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'

CRL.M.C. 3892/2016