Rajeev & ORS v. State (Govt Of NCT Of Delhi ) & ANR

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4108/2016 RAJEEV & ORS ..... Petitioners Represented by: Mohd. Kausar Perwez, Advocate with petitioners in person.

versus STATE (GOVT OF NCT OF DELHI ) & ANR ..... Respondents Represented by: Ms.Meenakshi Chauhan, APP for State with ASI Azad Kumar, PS Adarsh Nagar.

Mr.R.S.Deswal, Advocate for respondent No.2 with respondent No.2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 04.11.2016 By the present petition the petitioners seek quashing of FIR No. 110/2010 under Sections 498A/406/34 IPC registered at PS Adarsh 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 during the course of investigation, the parties have settled the matter, thus charge sheet was filed keeping all the four petitioners in Column No.12 and no summons have been issued by the learned Trial Court as on today. She further states that in the above noted FIR, petitioner No.4 Jeetu, brother of petitioner

No.1 has since passed away on 21st February, 2015. Thus petitioners Nos. 1, 2 and 3 are the only accused and respondent No.2 is the only complainant/victim in the above noted FIR The complainant/Respondent No. 2 Ms. Rani, 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. 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. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the respondent No.2 has already received a sum of ₹64,000/- and she has no claim whatsoever remaining against the petitioners. 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 state that they will abide by the terms of the Settlement.

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. 110/2010 under Sections 498A/406/34 IPC

are registered at PS Adarsh Nagar, Delhi and proceedings pursuant thereto 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 04, 2016 'sv'