Mohd Wasim @ Sonu v. State Of NCT Of Delhi & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD WASIM @ SONU ..... Petitioner Represented by:

Mr. Shiva Ji Shukla, Adv.

versus STATE OF NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Sunil Kumar PS Govind Puri.

Mr. Harbir, Mr. Pukhraj, Advs.

for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.11.2016 Crl.M.A. 17325/2016 Exemption allowed subject to just exceptions. CRL.M.C. 4153/2016 & Crl.M.A. 17296/2016 (stay) By the present petition the petitioner seeks quashing of FIR No. 354/2015 under Sections 498A/406 IPC registered at PS Govind Puri, Delhi on the complaint of Respondent No.2 on the ground that parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner is the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel. She states that she has settled the matter with the petitioner. Talakh has already been pronounced and in terms of the settlement deed dated 25th July, 2016 the respondent No.2 has received a sum of ₹4 lakhs in lieu of all her claims of maintenance, istridhan and mehar. She has no claim whatsoever remaining against the petitioner and she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioner who is present in Court and identified by the learned counsel affirm the statement of respondent No.2 and states that they will abide by the terms of settlement arrived at between the parties vide settlement deed dated 25th July, 2016.

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. 354/2015 under Sections 498A/406 IPC registered at PS Govind Puri, 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 07, 2016 'ga'