Bipin Jaggi & ORS v. Govt Of NCT Of Delhi & ANR

29# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BIPIN JAGGI & ORS ..... Petitioners Represented by:

Ms. Gita Dhingra, Advocate with petitioner Nos. 1, 2 and 4 in person.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Dharampal, and SI Jai Singh, PS T. Nagar.

Mr. Sunil Khanna, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.10.2016 Crl. M.A. No. 16648/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 847/2015 under Sections 498A/406/34 IPC registered at PS Tilak Nagar, 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 submits that in the above noted FIR the five petitioners are the only accused and the respondent No.2 is the only complainant/victim in the abovementioned FIR.

The complainant/Respondent No. 2 Ms. Prerna Arora is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners and 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 entitled to receive a sum of ₹10 lakhs from the petitioners out of which she has already received a sum of ₹7.50 lakhs and the balance amount of ₹2.50 lakhs has been paid her today vide Demand Draft No.186396 dated 1st September, 2016 drawn on Oriental Bank of Commerce, Paschim Vihar, Delhi. She states that she has no claim, of any kind, remaining against the petitioners including that of maintenance, streedhan and alimony etc. She states that in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner Nos. 1, 2 and 4 who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the Settlement. Petitioner No. 3 is unwell and thus petitioner No.5 is accompanying her. Petitioner Nos. 3 and 5 are exempted from appearing before this Court.

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. 847/2015 under Sections 498A/406/34 IPC registered at PS Tilak 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 25, 2016 'vn'